TNI Bureau: The Supreme Court today refused to grant bail to student activists Umar Khalid and Sharjeel Imam in connection with the 2020 Delhi riots case, while allowing bail to five other co-accused, citing differences in the nature and gravity of allegations against them.

A bench comprising Justices Aravind Kumar and N.V. Anjaria held that each bail plea must be examined independently, observing that the accused are not on the same footing in terms of their alleged role and culpability. The court noted that while Article 21 of the Constitution mandates scrutiny of prolonged pre-trial detention, the “hierarchy of participation” requires individual assessment of each case.

According to legal news portal Bar and Bench, the court said the record indicates varying degrees of involvement among the accused, warranting different outcomes on bail.

Umar Khalid, a former Jawaharlal Nehru University scholar, has been in judicial custody since September 13, 2020. Sharjeel Imam has been incarcerated since January 28, 2020, weeks before the communal violence erupted in northeast Delhi.

At the same time, the Supreme Court granted bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmad, who are also accused in the case.

The verdict was delivered on multiple appeals challenging earlier bail denials. The court had reserved its judgment on December 10 after hearing arguments from Solicitor General Tushar Mehta and Additional Solicitor General S.V.Raju, appearing for the Delhi Police, and senior advocates Kapil Sibal, Abhishek Singhvi, Siddhartha Dave, Salman Khurshid and Sidharth Luthra, representing the accused.

Khalid, Imam, Fatima, Meeran Haider and Shifa Ur Rehman have been booked under the Unlawful Activities (Prevention) Act, 1967 (UAPA), along with provisions of the Indian Penal Code, for allegedly being among the “masterminds” of the February 2020 riots, which claimed 53 lives and left over 700 people injured.