New Delhi, Jan 5:
The Supreme Court on Monday dismissed the bail pleas of student activists Sharjeel Imam and Umar Khalid in the alleged “larger conspiracy” case linked to the 2020 Northeast Delhi riots, holding that the prosecution material, when read cumulatively, disclosed prima facie grounds against them under the Unlawful Activities (Prevention) Act (UAPA).
A Bench headed by Justice Aravind Kumar, along with Justice N.V. Anjaria, observed that at the bail stage under UAPA, courts are not required to assess the credibility or admissibility of evidence or determine guilt. The court’s role is limited to examining whether the accusations appear prima facie true based on the prosecution’s case, thereby attracting the statutory bar on bail under Section 43D(5) of the Act.
In Sharjeel Imam’s case, the court noted that the prosecution alleged a foundational role in a planned mobilisation strategy beginning in December 2019. The Bench held that materials such as speeches, meetings, pamphlets and digital communications could not be brushed aside at the bail stage.
Rejecting Umar Khalid’s plea, the court accepted the prosecution’s claim that he acted as an organiser and coordinator in a phased conspiracy leading to the riots. The court clarified that physical presence at riot sites or recovery of weapons is not essential in conspiracy cases.
The apex court directed the trial court to prioritise and expedite the proceedings, clarifying that its observations would not influence the trial.
