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In a landmark judgment delivered on January 5, 2026, the Supreme Court of India has denied bail to prominent activists Umar Khalid and Sharjeel Imam in connection with the 2020 Delhi riots larger conspiracy case. The bench comprising Justice Aravind Kumar and Justice N.V. Anjaria ruled that prima facie evidence exists against both accused under the Unlawful Activities Prevention Act (UAPA), justifying their continued detention.
The Supreme Court's bail decision comes after both Umar Khalid and Sharjeel Imam have spent over five years in jail without trial. Despite their prolonged incarceration, the court found that trial delay alone cannot operate as an automatic ground for bail in UAPA prosecutions, particularly when statutory safeguards exist.
The Supreme Court's rejection of bail stems from several critical legal and factual findings. The bench observed that Umar Khalid and Sharjeel Imam stand on a qualitatively different footing compared to other accused in terms of culpability and the prosecution's allegations against them.
According to the court's analysis, the Delhi Police presented sufficient prima facie evidence of criminal conspiracy under the UAPA. The prosecution relied on WhatsApp chats, speeches, photographs, location data, and accounts of alleged secret meetings to establish Khalid and Imam's involvement in coordinating the riots. The court found that the materials presented by the prosecution, if accepted, constitute a prima facie case against both activists under Section 15 of the UAPA, which covers terrorist acts.
Justice Aravind Kumar observed in the judgment that "Section 15 of the UAPA cannot be interpreted narrowly to include only acts of blatant violence. Apart from death or destruction, the provision encompasses acts that disrupt services and threaten the economy."
The bench also rejected the argument that trial delay should automatically displace statutory safeguards in UAPA cases. The court held that while judicial scrutiny is required to assess whether a prima facie case exists, the mere passage of time cannot override the legislative provisions designed to prevent bail in serious conspiracy cases.
The 2020 Delhi riots erupted in February 2020 following widespread protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). The communal violence was one of the deadliest riots in the national capital in decades, resulting in 53 deaths and over 700 injuries.
The Delhi Police's Special Cell registered FIR 59/2020 on March 6, 2020, alleging a larger conspiracy behind the violence. The police charged that the riots were not spontaneous communal clashes but an orchestrated, pre-planned, and well-designed attack on India's sovereignty.
According to the prosecution's case, student activists and protest leaders, including Umar Khalid, Sharjeel Imam, and others, allegedly coordinated protests across multiple sites near mosques and roads in Muslim-majority areas. These protests, the prosecution alleged, were designed to escalate during then-US President Donald Trump's February 2020 visit to India, aiming to embarrass the nation globally.
The Unlawful Activities Prevention Act (UAPA) is a stringent anti-terror law that imposes specific statutory thresholds for bail. Section 43D(5) of the UAPA creates a high evidentiary burden at the bail stage, requiring the prosecution to establish a prima facie case before bail can be granted.
Unlike ordinary criminal proceedings, UAPA bail applications involve a structured judicial inquiry to assess whether the prosecution's materials, if accepted as true, constitute a prima facie case of terrorist activity or conspiracy. The Supreme Court emphasized that courts must conduct an accused-specific analysis rather than treating all accused identically.
The bench noted that "all accused persons do not stand on the same footing, as the roles attributed to them are different. Treating all accused identically would risk pretrial detention." This principle allowed the court to grant bail to five other accused while denying bail to Umar Khalid and Sharjeel Imam.
Despite denying bail to Umar Khalid and Sharjeel Imam, the Supreme Court granted bail to five other accused in the same case:
Gulfisha Fatima (32, holds a degree in business administration from Delhi University)
Meeran Haider
Shifa ur Rehman
Shadab Ahmed
Mohd Saleem Khan
The court imposed stringent conditions on the bail granted to these five accused, reflecting the serious nature of the allegations. The differential treatment of accused persons demonstrates that the court examined each individual's role and culpability in the alleged conspiracy before determining bail eligibility.
The Supreme Court's judgment establishes important precedents regarding UAPA bail applications and the limits of trial delay as a ground for bail. Justice Kumar stated unequivocally that "in prosecutions under the Unlawful Activities Prevention Act, delay in trial does not operate as a 'trump card' which automatically displaces statutory safeguards."
The court also directed the trial court to expedite the proceedings in the case, recognizing that the prolonged detention of the accused necessitates faster progress toward trial. However, the bench made clear that efficiency in trial proceedings cannot be compromised to secure a conviction.
The judgment upheld the validity of Section 43D(5) of the UAPA while emphasizing that courts must independently assess whether a prima facie case exists. This ensures that bail decisions are not mechanically applied but are based on individualized scrutiny of the prosecution's evidence.
1. What is the Supreme Court's decision on Umar Khalid and Sharjeel Imam's bail plea?
The Supreme Court denied bail to both Umar Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy case, finding prima facie evidence under the UAPA and ruling their detention justified, while granting bail to five other accused in the same case.
2. How long have Umar Khalid and Sharjeel Imam been in jail?
Both have been in custody for over five years without trial—Umar Khalid since September 14, 2020, and Sharjeel Imam since August 25, 2020—despite repeated bail applications rejected by trial and high courts until the latest Supreme Court judgment.
3. What are the charges against Umar Khalid and Sharjeel Imam in the 2020 Delhi riots case?
Both are charged under the UAPA and IPC for criminal conspiracy, unlawful assembly, and supporting terrorist activities, with Delhi Police alleging they were "masterminds" who conspired to incite communal violence, though they claim they were leading peaceful CAA/NRC protests.
4. Why did the Supreme Court reject the argument that trial delay should grant bail?
The Supreme Court held that while trial delay is relevant, it cannot override Section 43D(5) of the UAPA's statutory safeguards requiring the prosecution to establish a prima facie case of terrorist activity; however, it directed the trial court to expedite proceedings.
5. What is FIR 59/2020 and why is it significant in the 2020 Delhi riots case?
FIR 59/2020, registered on March 6, 2020, alleges a pre-planned "larger conspiracy" behind the riots rather than spontaneous violence, with the 17,000-page charge sheet invoking UAPA provisions and representing the most serious charges carrying enhanced penalties in the Delhi riots cases.
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