Delhi riots 2020: HC yet again refuses bail to Umar Khalid, Sharjeel Imam in UAPA case

The Delhi High Court on Wednesday refused bail to activists Umar Khalid and Sharjeel Imam in the UAPA case concerning the alleged larger conspiracy behind the February 2020 north-east Delhi riots, saying it could not modify conditions laid down by the Supreme Court for considering their fresh bail pleas.

A bench of Justices Prathiba M Singh and Dinesh Bhatt dismissed the third bail pleas filed by Khalid and Imam, who had challenged a 4 July order of the trial court rejecting their applications.

The High Court said it was bound by “judicial discipline” and could not alter the Supreme Court’s 5 January order, which had allowed Khalid and Imam to seek bail either after the examination of protected witnesses was completed or after one year from the order, whichever was earlier.

“We would be modifying this (Supreme Court) order if we allow bail, which we cannot do,” the bench remarked.

The court said the trial court had correctly followed the Supreme Court’s directions when it rejected the fresh bail pleas. “In view of the above discussion and the overall facts of the case, specifically the conditions imposed upon the appellants, this court cannot find fault with the decision of the trial court. Accordingly, the appeals are dismissed,” it said.

The latest pleas were filed after the trial court rejected their applications for the third time on 4 July. Khalid and Imam had argued that circumstances had changed since the Supreme Court's January order and that they had remained in custody for about six years without the trial reaching the stage of framing charges.

Senior counsel appearing for Khalid argued that his prolonged incarceration entitled him to bail, particularly in view of a subsequent Supreme Court order that granted relief to several other accused in the case. Imam's counsel similarly cited the length of his incarceration and the delay in conclusion of the trial.

The Delhi Police opposed the pleas. Additional Solicitor General S V Raju argued that the Supreme Court had already prescribed the circumstances in which Khalid and Imam could seek fresh bail and described the two as the “masterminds” of the alleged conspiracy. The prosecution has maintained that their alleged roles were distinct from those of the co-accused who were granted relief.

The court also suggested that the cases be listed for consideration after the second week of January. Lawyers for the accused, however, sought a decision on the pleas at the present stage.

Khalid and Imam have been booked under the Unlawful Activities (Prevention) Act in connection with allegations of a larger conspiracy behind the February 2020 riots, which left 53 people dead and more than 700 injured. The violence erupted in north-east Delhi during protests against the Citizenship (Amendment) Act and the proposed National Register of Citizens.

Imam was arrested on 25 August 2020 and Khalid on 13 September 2020. The Delhi High Court had rejected their bail pleas in September 2025. The Supreme Court, on 5 January 2026, upheld the denial of bail to the two while granting relief to several other accused. Its judgment said the prosecution attributed a central and directive role to Khalid and Imam, while making clear that bail-stage observations would not determine the eventual outcome of the trial.

The Supreme Court subsequently granted six months' interim bail to co-accused Abdul Khalid Saifi and Tasleem Ahmad on 22 May and referred broader questions concerning prolonged incarceration of UAPA undertrials and the stringent statutory requirements for bail to a larger bench.

The Delhi High Court's latest decision therefore leaves the January Supreme Court conditions governing the timing of any fresh bail plea by Khalid and Imam intact.