No bail for Umar Khalid, Sharjeel Imam for a year? Here is what the court said

Umar Khalid and Sharjeel Imam, accused in the “larger conspiracy” case linked to the 2020 Delhi riots, may not be afforded another bail petition for a year, with the Supreme Court setting a deadline for examination of protected witnesses.

They can apply for bail now after the witness-examination process is done, or completion of one year from Monday's ruling, whichever is earlier.

The top court on Monday rejected Khalid and Imam’s bail plea, holding that the gravity and statutory nature of the offences alleged against them, coupled with their purported central role in the conspiracy, disentitled them to relief at this stage.

However, the SC bench of justices Aravind Kumar and NV Anjaria granted bail to five other co-accused after drawing a clear distinction in the roles attributed to them by the prosecution.

The court emphasised that bail determinations under the Unlawful Activities Prevention Act (UAPA) must be rooted in an individualised assessment because a “hierarchy of participation” was implicit in the case set up by the Delhi Police.

While some accused were alleged to have played subsidiary roles, Khalid and Imam were, according to the prosecution, involved in conceptualising and orchestrating the conspiracy.

“All appellants do not stand on the same footing. The prosecution has ascribed different roles to them,” Justice Aravind Kumar noted.

Going by this distinction at the bail stage, the bench held that Khalid and Imam could not claim parity with the other accused.

The court granted them liberty to revive their plea for bail after the examination of protected witnesses or upon the completion of one year from the date of the ruling, whichever is earlier.

Sarim Javed, lawyer for Gulfisha Fatima, another accused who has been granted bail, explained the one-year factor in the bail pleas of Umar Khalid and Sharjeel Imam.

"The five who have been granted bail, the Supreme Court has said that their culpability, if any, is at a lower level and for the two that have not been granted bail, SC has said that we are not commenting on their culpability but because of the way it is structured, in the fitness of things and judging the constitution as well as the UAPA together, they have said that one more year to come in all protected secret witnesses and even if they can't do that Umar Khalid and Sharjeel Imam can reapply for bail after one year... It's a massive relief for them and their families," Javed told the media after the hearing.

Umar Khalid has been in custody since September 13, 2020, while Sharjeel Imam has been incarcerated since January 28, 2020. The Supreme Court, however, held that in cases governed by the UAPA, long incarceration by itself cannot override the statutory bar where the court is satisfied that a prima facie case exists against the accused.

Gulfisha Fatima, Meeran Haider, Shifa ur Rehman, Mohd Saleem Khan and Shadab Ahmed, the court said, were entitled to bail, subject to stringent conditions, having regard to the subsidiary nature of the allegations against them.