New Delhi: The Supreme Court has denied bail to Sharjeel Imam, Umar Khalid in the 2020 north-east Delhi riots case on Monday, according to reports. However, bail was reportedly granted to five others named in the case: Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan, and Shadab Ahmed. According to reports, the Supreme Court said it “cannot treat all individuals equally” for bail.
“The record discloses that all the appellants do not stand on equal footing as regards culpability. The hierarchy of participation requires the court to assess each application individually. Article 21 requires the state to justify prolonged pre-trial custody,” the Supreme Court said, as quoted by NDTV.
A bench comprising Justices Aravind Kumar and NV Anjaria delivered its judgment on the bail pleas. On December 10, the SC had concluded hearing arguments from both the prosecution and defense and reserved its judgment in the case.
“I am not a terrorist”
Sha
rjeel Imam had expressed anguish before the top court for being “labelled” a “dangerous intellectual terrorist” without complete trial or conviction, reported NDTV.
“I would like to say that I am not a terrorist, as I have been called by the respondent (police). I am not an anti-national, as called by the State. I am a citizen of this country, a citizen by birth and I have not been convicted for any offence till now,” senior advocate Siddhartha Dave, representing Imam, was quoted as saying by NDTV.
Why are they in jail?
Both Khalid and Imam have been imprisoned under the Unlawful Activities (Prevention) Act (UAPA) and other sections of the Indian Penal Code for their alleged role in a “mastermind conspiracy” tied to the February 2020 communal violence in northeast Delhi.
The riots, which erupted amid protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC), resulted in widespread violence killing at least 53 people and injuring hundreds.
Delhi Police has strongly opposed bail, asserting that the violence was a pre-planned and orchestrated attack, and insisting that the strict provisions of the UAPA should apply.
Khalid, who has been in custody since September 13, 2020, and Imam, detained from January 28, 2020, argue that prolonged detention without trial and delays in proceedings should be grounds for bail.