The Supreme Court has refused to release 2020 Delhi riots accused Umar Khalid and Sharjeel Imam on bail. Umar and Sharjeel had sought bail citing that they had been in custody for more than 5 years, but the court refused it, citing their role as central in the case. However, the court has granted bail to the remaining five accused who filed the petition along with these two.
5 people got relief
Those who have got bail from the Supreme Court are Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Salim and Shadab Ahmed. These people had also argued that they had been in jail for more than 5 years. The bench of Justices Arvind Kumar and NV Anjaria has considered their role in the riots to be lesser than that of Sharjeel and Omar. On this basis he has been given concession.
The conditions of UAPA were taken care of
Apart from laws like IPC Arms Act, sections of UAPA (Unlawful Activities Prohibition Act) have also been imposed on all these accused. Section 43D(5) of UAPA imposes stringent conditions for bail. Under this, the accused has to prove that the allegations against him are prima facie false. All the accused had sought bail on the basis of Article 21 of the Constitution (Right to Life and Liberty). The court released 5 people without trial on the grounds that they had been in jail for a long time. But in the case of Umar and Sharjeel, Section 43D(5) of UAPA was applied.
‘Ask for bail after 1 year’
The Supreme Court has asked Delhi Police to conduct the case expeditiously in the lower court. The court has also said that after the examination of the main witnesses of the case, Sharjeel and Umar Khalid can file a bail application. If there is a delay in this, then after one year of this order both can demand bail from the trial court.
What is the matter?
In February 2020, 53 people were killed and hundreds were injured in clashes over anti-Citizenship Amendment Act (CAA) protests. It is alleged that these accused had conspired to instigate riots. Delhi Police has registered an FIR against them under sections of the IPC like rioting, illegal assembly, criminal conspiracy, and also under the Unlawful Activities (Prevention) Act (UAPA). Multiple FIRs are registered against most of the accused. Delhi Police has also argued that the attempt of the accused was to affect the integrity of the nation by spreading violence across the country.
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Delhi Riots: No bail to Sharjeez Imam, Umar Khalid, Supreme Court said- ‘Right to life is in the Constitution, but…’

