Supreme Court to deliver verdict on bail pleas of Umar Khalid, Sharjeel Imam in 2020 Delhi riots case

The Supreme Court is set to pronounce its judgment on January 5 regarding the bail pleas of Umar Khalid, Sharjeel Imam, and several others accused in the 2020 Delhi communal riots case. A bench headed by Justices Aravind Kumar and N V Anjaria will deliver the long-awaited verdict, months after reserving its decision on December 10.

The case, which has gripped the nation, revolves around violent riots that erupted in Delhi in February 2020, resulting in the deaths of 53 people and widespread destruction. The Delhi High Court had rejected bail applications of nine accused, including Khalid and Imam, last September, describing the violence not as a spontaneous protest but a “premeditated, well-orchestrated conspiracy.”

While three accused — Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha — were granted bail in June 2021, and former Congress councillor Ishrat Jahan received bail in March 2022, the bail pleas of the others have been fiercely contested.

The Delhi Police maintains that the riots were part of a calculated criminal conspiracy aimed at a “regime change,” timed strategically to coincide with then-US President Donald Trump’s official visit to India, to maximize international attention and portray the Citizenship Amendment Act as a “pogrom” against Muslims.

Police also dismissed arguments about trial delays, accusing the accused of deliberately causing the postponements. According to the prosecution, “ocular and irrefutable documentary as well as technical evidence” reveals the deep involvement of the accused in instigating communal violence nationwide.

In response, senior advocate A M Singhvi, representing Gulshifa Fatima, challenged the sudden invocation of a “regime change” theory, calling it a prejudicial tactic introduced only at the Supreme Court level and absent from earlier proceedings.

Senior advocate Kapil Sibal, appearing for Umar Khalid, argued that the police lacked evidence proving Khalid incited the riots. He pointed out that the speech police cited was delivered on February 17 in Maharashtra, while the Delhi riots broke out a week later, during which Khalid was reportedly not in the capital.

Delhi Police countered by alleging Khalid deliberately left Delhi to avoid implication and highlighted the dangerous potential when intellectuals allegedly turn into terrorists. The court also witnessed audio recordings of the accused’s speeches played during hearings.

At present, the trial court is still hearing arguments on the charges, with the trial itself yet to begin. With over 700 witnesses slated for examination, the legal battle promises to be protracted, with the next hearing scheduled for January 8.

The Supreme Court’s decision on January 5 is expected to significantly shape the course of justice in one of the most controversial and politically charged cases in recent Indian history.