Supreme Court Draws Hard Line in Delhi Riots Case: Bail for Five, No Relief for Umar Khalid and Sharjeel Imam.

SC Says Umar Khalid, Sharjeel Imam Played ‘Higher Role’ in Delhi Riots Plot, Refuses Bail Under UAPA.

In a landmark and closely watched decision delivered on Monday, January 5, 2026, the Supreme Court of India drew a sharp legal distinction among the accused in the 2020 Delhi riots “larger conspiracy” case, granting bail to five individuals while firmly rejecting relief to activists Umar Khalid and Sharjeel Imam, whom it identified as the alleged architects of the plot.

A bench comprising Justices Aravind Kumar and N.V. Anjaria ruled that Khalid and Imam stood on a “qualitatively different footing” from the other accused, observing that they occupied a higher position in the hierarchy of participation and played a formative role in the planning, coordination, and strategic direction of the alleged conspiracy.

The court held that speeches, digital material, and other evidence placed on record disclosed a prima facie case against them under the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA), thereby justifying the denial of bail at this stage. However, balancing judicial restraint with procedural fairness, the bench allowed them the liberty to move fresh bail applications only after the examination of protected witnesses is completed or after one year from the date of the order, whichever is earlier.

In contrast, the Supreme Court granted bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan, and Shadab Ahmed, noting that their prolonged incarceration since 2020 without a clear timeline for the conclusion of trial triggered heightened scrutiny under Article 21 of the Constitution, which guarantees personal liberty.

While releasing them under strict conditions—including a bar on public speeches, media interaction, or participation in protests—the court emphasized that national security concerns must still be balanced against the fundamental rights of the accused.

The ruling comes in the context of the February 2020 communal violence in Northeast Delhi, which left 53 people dead and hundreds injured, with the Delhi Police’s Special Cell alleging the riots were part of a premeditated conspiracy aimed at internationalizing opposition to the Citizenship Amendment Act during the visit of the then US President—making the verdict a defining moment in India’s jurisprudence on terror laws, bail, and civil liberties.