New Delhi, Jan 5 2026: India’s Supreme Court on Monday refused to grant bail to activists Umar Khalid and Sharjeel Imam, accused in the larger conspiracy case linked to the February 2020 Northeast Delhi riots — a violent outbreak that followed protests against the Citizenship Amendment Act (CAA). The New Indian Express
Key Verdict Highlights
- The Supreme Court held that the prosecution material discloses a prima facie case against both Khalid and Imam under the Unlawful Activities (Prevention) Act (UAPA), observing that their roles were “central and formative” to the alleged conspiracy. The Indian Express
- The bench — led by Justices Aravind Kumar and NV Anjaria — differentiated their situation from that of some co-accused, noting that not all accused are on equal footing regarding culpability and involvement. The Indian Express
- Based on this assessment, the court concluded that continued detention without bail was justified at this stage, despite the extended period of custody. The Indian Express
Bail Granted to Other Accused
While denying bail to Khalid and Imam, the Supreme Court granted bail to five other co-accused in the same case:
- Gulfisha Fatima
- Meeran Haider
- Shifa-ur-Rehman
- Mohammad Saleem Khan
- Shadab Ahmad The New Indian Express
The release of these individuals came with conditions and was justified on the basis that their alleged roles were less central in the prosecution’s narrative compared with Khalid and Imam. The Indian Express
Legal Reasoning and Statutory Threshold
The court’s decision leaned heavily on Section 43D(5) of the UAPA, which imposes a stringent standard for bail: if the court believes there are reasonable grounds to entertain that the accusations are prima facie true, bail may be denied even if trial has not concluded. Business Standard
The bench underscored that delay in the trial or prolonged incarceration alone cannot automatically entitle an accused to bail in UAPA cases — though these factors are properly considered. The Indian Express
What This Means for Khalid & Imam
- Continued Custody: Both Khalid and Imam — who have been in jail for over five years without trial — will remain in custody. AP News
- Future Bail Opportunities: The Supreme Court clarified that they may apply for bail again after certain procedural milestones, such as the completion of the examination of protected witnesses or after one year from the order, whichever occurs earlier. CJP
Political and Human Rights Reactions
The ruling has sparked wide reactions:
- Human rights groups and some international observers have criticised the prolonged pre-trial detention and use of UAPA in this case as indicative of broader concerns about civil liberties in India. Amnesty International
- Supporters of the verdict, including some political voices, have framed the decision as a reinforcement of judicial scrutiny in matters of national security and public order. The Times of India
Background of the Case
Umar Khalid and Sharjeel Imam — both student activists — were arrested in connection with alleged conspiracy and incitement linked to the 2020 Delhi riots, in which more than 50 people were killed and hundreds were injured. They were charged under multiple provisions, including the UAPA, based on prosecutors’ claims of organised planning and mobilisation during the protests. AP News