The Supreme Court on Monday (January 5, 2025) refused to grant bail to activists Umar Khalid and Sharjeel Imam in a case registered under the Unlawful Activities (Prevention) Act relating to the alleged “larger conspiracy” behind the February 2020 riots in New Delhi, holding that the gravity and statutory nature of the offences attributed to them do not warrant the grant of relief at this stage.
A Bench comprising Justices Aravind Kumar and N.V. Anjaria, however, granted bail to five other co-accused after drawing a clear distinction in the roles ascribed to them by the prosecution. The judges held that Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohd. Saleem Khan and Shadab Ahmed were entitled to conditional relief, having regard to the limited and ancillary nature of the allegations against them.
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The top court reasoned that Mr. Khalid and Mr. Imam stood “qualitatively on a different footing” from the remaining accused. It noted that the material placed on record prima facie indicated that they executed a “central” role in the alleged offence.
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