First reaction of Umar Khalid's father as SC denies bail to son: ‘It is very unfortunate’

Umar Khalid’s father, Syed Qasim Rasool Ilyas, reacted on Monday after the Supreme Court refused bail to activists Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy case, saying he had “nothing to say”.

A bench of Justices Aravind Kumar and NV Anjaria declined to grant them bail, observing that there was a prima facie case against them under the Unlawful Activities (Prevention) Act.

In his first response to the top court’s order, Ilyas told news agenct PTI, “I have no comment to offer. It is very unfortunate. The judgment is there, and I have nothing to say about it.”

However, the court clarified that the bail did not mean the allegations against them had become less serious. It laid down 12 conditions for their release and warned that any breach would result in cancellation of bail.

The apex court said delay in trial does not act as a “trump card” that automatically overrides statutory safeguards.

"All the appellants do not stand on equal footing as regards culpability. The hierarchy of participation emerging from the prosecution’s case requires the court to examine each application individually," the bench said, adding that the roles attributed to them differ.

"This court is satisfied that the prosecution material disclosed a prima facie allegation against the appellants, Umar Khalid and Sharjeel Imam... This stage of proceedings does not justify their enlargement on bail," the court said.

The February 2020 violence in northeast Delhi left 53 people dead and more than 700 injured.

Opposing the bail pleas, Delhi Police had argued that the riots were not spontaneous but a planned and organised attack on India’s sovereignty.

Senior advocate Siddharth Dave, appearing for Imam, said his client was arrested on January 28, 2020, before the violence broke out in northeast Delhi, and that his speeches alone could not amount to criminal conspiracy in the case.

All seven accused were booked under the stringent UAPA and provisions of the Indian Penal Code (IPC) for allegedly being the “masterminds” behind the riots.