Delhi High Court Upholds Bail Denial for Umar Khalid, Sharjeel Imam in 2020 Riots Conspiracy Case

Delhi High Court Upholds Bail Denial for Umar Khalid, Sharjeel Imam in 2020 Riots Conspiracy Case

RMN News Report Highlights:

• Nine individuals, including activists Umar Khalid and Sharjeel Imam, were denied bail by the Delhi High Court in the 2020 Delhi riots larger conspiracy case.
• The accused are charged under the Unlawful Activities (Prevention) Act (UAPA), with police alleging they were “masterminds” behind the violence that left over 50 dead.
• Umar Khalid has been incarcerated since September 2020, with his bail applications having been repeatedly rejected.
• The decision unfolds amidst criticism of India’s bail system, which is accused of inconsistent application of principles, particularly for political prisoners.

By Rakesh Raman
New Delhi | September 2, 2025

The Delhi High Court on Tuesday (September 2) dismissed the bail pleas of activists and former Jawaharlal Nehru University (JNU) students Umar Khalid, Sharjeel Imam, and seven others in connection with the 2020 Delhi riots larger conspiracy case. A bench of Justices Navin Chawla and Shalinder Kaur rejected the bail applications, which had been pending since 2022. The lawyer representing the activists indicated that the order would be challenged in the Supreme Court.

High Court Decision Details

Apart from Khalid and Imam, the bail pleas of Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Shadab Ahmed Abdul Khalid Saifi, and Gulfisha Fatima were also dismissed. Previously, a separate High Court bench had also denied bail to another accused, Tasleem Ahmed, in the same case.

Allegations and Charges

Imam and Khalid, along with others, were accused of being part of a larger conspiracy that led to the communal violence in northeast Delhi in February 2020. The unrest, which occurred over the Citizenship Amendment Act (CAA), resulted in over 50 deaths and more than 700 injuries.

Delhi Police have labeled Khalid, Imam, and the others as the “masterminds” of the violence and charged them under the Unlawful Activities (Prevention) Act (UAPA). Khalid has been in jail since his arrest in September 2020, though he was granted a brief seven-day interim bail in December last year to attend a family wedding.

Arguments Presented

During the bail hearing, the activists argued that they had already spent more than four years in custody and cited the slow pace of the trial as grounds for bail. Khalid asserted that his presence in WhatsApp groups with co-accused did not constitute criminality, and that no incriminating materials or money had been recovered from him. Imam contended that he was disconnected from Khalid and other co-accused, denying any involvement in a conspiracy and stating that his speeches and WhatsApp chats never incited unrest.

However, the prosecution, led by Solicitor General Tushar Mehta, strongly opposed their bail applications. Mehta argued that the riots were “planned in advance with a sinister motive” and described them as a “well-thought-out conspiracy” aimed at defaming India globally. He added, “If you do anything against your nation, you better be in jail till you are acquitted”.

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Broader Concerns Over Bail System

The repeated denial of bail to Umar Khalid and others highlights significant concerns regarding India’s bail system, particularly the inconsistent application of the principle, ‘Bail Is the Rule, Jail Is the Exception’. While this principle is often asserted when granting bail to influential individuals like rich businessmen and infamous politicians—even those incarcerated under the UAPA—it is not uniformly applied. Khalid, for instance, has reportedly had his bail application arbitrarily rejected at least 14 times during his five years in jail, allegedly for speaking against the ruling regime.

High-Profile Politicians Granted Bail

Numerous high-profile politicians from various parties have been granted bail despite serious accusations. These include:

Rahul Gandhi and Sonia Gandhi (Indian National Congress)
– Case: National Herald case, a private criminal complaint alleging “cheating” and “breach of trust” in the acquisition of Associated Journals Limited (AJL) by Young Indian Pvt Ltd.
– Bail Date: December 19, 2015.
– Court: Patiala House Court, Delhi.

P. Chidambaram (Indian National Congress)
– Case: The INX Media money laundering case, which alleges he misused his position as Finance Minister to grant FIPB approval to INX Media.
– Bail Date: December 4, 2019.
– Court: Supreme Court.

D.K. Shivakumar (Indian National Congress)
– Case: A money laundering case filed by the Enforcement Directorate (ED) based on an Income Tax department complaint of alleged tax evasion and hawala transactions.
– Bail Date: October 23, 2019.
– Court: Delhi High Court.

Hemant Soren (Jharkhand Mukti Morcha)
– Case: An alleged land scam case being investigated by the ED, which accuses him of illegally possessing a land parcel.
– Bail Date: June 28, 2024.
– Court: Jharkhand High Court.

Arvind Kejriwal (Aam Aadmi Party)
– Case: The Delhi Excise Policy scam, in which he faces charges of money laundering by the ED and corruption by the CBI.
– Bail Date: Granted interim bail by the Supreme Court on May 10, 2024, to campaign. Granted interim bail again on July 12, 2024, and regular bail on September 13, 2024, in the CBI corruption case by the Supreme Court.
– Court: Supreme Court.

Manish Sisodia (Aam Aadmi Party)
– Case: The Delhi Excise Policy case, where he is a key accused in alleged corruption and money laundering.
– Bail Date: August 9, 2024.
– Court: Supreme Court.

Satyendar Jain (Aam Aadmi Party)
– Case: A money laundering case investigated by the ED, which alleges he laundered money through shell companies.
– Bail Date: October 18, 2024.
– Court: Delhi Court.

Sanjay Singh (Aam Aadmi Party)
– Case: The Delhi Excise Policy scam, in which he was arrested for alleged money laundering.
– Bail Date: April 2, 2024.
– Court: Supreme Court.

Lalu Prasad Yadav (Rashtriya Janata Dal)
– Case: Multiple Fodder Scam cases involving the fraudulent withdrawal of government treasury funds.
– Bail Date: April 17, 2021 (in the Dumka Treasury case).
– Court: Jharkhand High Court.

Tejashwi Yadav, Rabri Devi, and Misa Bharti (Rashtriya Janata Dal)
– Case: The land-for-jobs scam, alleging that land was taken from job aspirants in exchange for railway jobs during Lalu Prasad Yadav’s tenure as railway minister.
– Bail Date: Tejashwi Yadav: October 7, 2024. Rabri Devi and Misa Bharti: February 8, 2024.
– Court: Delhi Court.

Nawab Malik (Nationalist Congress Party)
– Case: A money laundering case allegedly linked to fugitive gangster Dawood Ibrahim.
– Bail Date: July 30, 2024 (on medical grounds).
– Court: Supreme Court.

Paresh Pal (Trinamool Congress)
– Case: An alleged murder of a BJP supporter in post-poll violence.
– Bail Date: August 21, 2025 (anticipatory bail).
– Court: Calcutta High Court.

V. Senthil Balaji (Dravida Munnetra Kazhagam)
– Case: A money laundering case stemming from a “cash-for-jobs” scam that allegedly occurred during his tenure as Transport Minister.
– Bail Date: September 26, 2024.
– Court: Supreme Court.

K. Kavitha (Bharat Rashtra Samithi)
– Case: The Delhi Excise Policy scam, where she is accused of being a key member of the “South Group” cartel.
– Bail Date: August 27, 2024.
– Court: Supreme Court.

Sanjay Raut (Shiv Sena)
– Case: The Patra Chawl money laundering case, where he was arrested by the Enforcement Directorate (ED) for his alleged role in financial irregularities related to a slum redevelopment project in Mumbai.
– Bail Date: November 9, 2022.
– Court: A special PMLA (Prevention of Money Laundering Act) court in Mumbai. The court’s order was notable for calling his arrest “illegal” and a “witch-hunt.”

Political Prisoners and International Petitions

Beyond the Delhi riots case, there is a pervasive “bribe for bail” culture in India, where corrupt politicians may enjoy bail as a virtual acquittal, often receiving luxurious treatment even when briefly incarcerated. Many political prisoners are languishing in Indian jails, with their appeals for bail often going unheard. Sikh leader Amritpal Singh has been incarcerated for over two years, allegedly for opposing the Punjab Government’s actions.

In 2024, journalist and human rights defender Rakesh Raman filed a petition to Indian and international authorities, including UN Human Rights, to secure the release of political prisoners from arbitrary detention in India. This petition specifically sought the release of Amritpal Singh (Sikh religion), Umar Khalid (Muslim religion), and Sheikh Abdul Rashid, also known as Engineer Rashid (Muslim religion).

Notably, both Amritpal Singh and Engineer Rashid have won the recent 2024 Lok Sabha election to become Members of Parliament (MPs) while still in jail. However, they are reportedly not being allowed to attend parliament sessions, thereby being deprived of their democratic rights.

By Rakesh Raman, who is a national award-winning journalist and social activist. He is the founder of a humanitarian organization RMN Foundation which is working in diverse areas to help the disadvantaged and distressed people in the society.

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