The Delhi High Court on Tuesday dismissed the bail applications of activists Umar Khalid, Sharjeel Imam, and seven others in connection with the alleged larger conspiracy behind the February 2020 riots in northeast Delhi.
A division bench comprising Justices Navin Chawla and Shalinder Kaur pronounced the verdict, stating, “All the appeals are dismissed.” The court had earlier reserved its decision on the matter on 9 July.
Apart from Khalid and Imam, the court also rejected bail petitions filed by activist Gulfisha Fatima, United Against Hate (UAH) founder Khalid Saifi, Athar Khan, Mohd Saleem, Shifa ur Rehman, Meeran Haider, and Shadaab Ahmed.
The case stems from the violence that erupted in northeast Delhi on 23 February 2020, during protests against the Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC). The three-day clashes between Hindu and Muslim groups led to the deaths of 53 people and left hundreds injured.
They were charged under various provisions of the Indian Penal Code (IPC) and the stringent Unlawful Activities (Prevention) Act (UAPA). Authorities allege they were part of a premeditated conspiracy to incite violence under the guise of peaceful protests.
The accused approached the High Court after their bail pleas were rejected by a trial court. Their legal teams argued that they had already spent over four years in custody without significant progress in the trial.
Senior Advocate Trideep Pais, representing Umar Khalid, contended that his client had been in custody since September 2020 and faced no allegations of direct violence or fundraising. Highlighting that Khalid’s name was included in various WhatsApp groups, Pais argued this did not amount to criminal intent.
Defence teams also cited the earlier bail granted to co-accused Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha in 2021, arguing that parity should apply.
On the other hand, Solicitor General Tushar Mehta, appearing for the Delhi Police alongside Special Public Prosecutor Amit Prasad, strongly opposed the bail requests.
He argued that the riots were not spontaneous but the result of a meticulously planned and orchestrated conspiracy aimed at creating religious division and international embarrassment for India. The prosecution argued that the 2020 Delhi riots were a well-thought-out conspiracy, executed at a particular time, date, and location to achieve a "sinister goal."
He further claimed that Khalid, Imam, and others used encrypted messaging platforms like WhatsApp to coordinate the unrest.
Trinamool Congress MP Mahua Moitra expressed strong criticism of the High Court’s decision on social media platform X. “Delhi HC denies bail to Umar Khalid & 6 others after 5 years of incarceration, where nothing has even moved in the case. Grossest travesty of justice. We have to fight in SC now,” she wrote.
The trial in the 2020 Delhi riots conspiracy case has progressed slowly, with multiple accused spending years in pre-trial detention.
