Umar Khalid, Sharjeel Imam bail pleas: Supreme Court to pronounce verdict on 5 January

The Supreme Court of India on Friday said it will pronounce its verdict on 5 January on the bail pleas of former Jawaharlal Nehru University (JNU) students Umar Khalid and Sharjeel Imam, who are accused in the larger conspiracy case related to the February 2020 Delhi riots.

A bench of the apex court reserved its orders after hearing detailed submissions from both the accused and the prosecution on the grant of bail under the Unlawful Activities (Prevention) Act (UAPA). The court said the verdict on the bail applications would be delivered on the scheduled date.

Khalid and Imam were arrested by the Delhi Police in 2020 in connection with the alleged conspiracy behind the communal violence that broke out in northeast Delhi, leaving at least 53 people dead and several others injured. The prosecution has invoked stringent provisions of the UAPA, alleging that the accused were part of a larger plot to incite violence during protests against the Citizenship (Amendment) Act.

During the hearings, counsel for the accused argued that the allegations were based largely on speeches, statements and protest-related activities, and contended that the invocation of anti-terror law provisions was unwarranted. They submitted that prolonged incarceration without trial violated the accused’s right to personal liberty.

The Delhi Police opposed the bail pleas, maintaining that the material collected during investigation established a prima facie case under the UAPA and that the accused played key roles in the alleged conspiracy. The prosecution argued that the seriousness of the charges and the potential impact on public order justified continued custody.

Both Khalid and Imam have been in judicial custody for over four years, with the trial yet to commence. Their bail pleas were earlier rejected by lower courts, prompting them to approach the Supreme Court.

The apex court’s decision is expected to have wider implications for the interpretation of bail provisions under the UAPA, particularly in cases involving prolonged pre-trial detention.