India

Delhi HC denies bail to activists Umar Khalid, Sharjeel Imam

Both have remained in custody for over six years without trial

New Delhi: The Delhi High Court has denied bail to activists Umar Khalid and Sharjeel Imam in a case linked to the alleged “larger conspiracy” behind the 2020 northeast Delhi anti-Muslim riots. Both activists have been in custody for over six years without trial in the case.

A bench comprising Justice Prathiba M. Singh and Justice Dinesh Bhatt dismissed their bail applications, marking the third rejection of their pleas by the High Court. The bench held that it could not modify the Supreme Court’s January 5 order, which directed the accused to seek bail only after the examination of protected witnesses was completed or one year had elapsed from the date of the order, whichever is earlier.

Khalid and Imam face charges under the draconian Unlawful Activities (Prevention) Act (UAPA) for allegedly masterminding the February 2020 violence. The riots left 53 people dead, including 36 Muslims, and injured more than 700. The violence erupted amid protests against the Citizenship (Amendment) Act (CAA) 2019 and the National Register of Citizens (NRC).

The Delhi Police’s Special Cell is probing the larger conspiracy case. Others booked include activist Khalid Saifi and former Aam Aadmi Party councillor Tahir Hussain.

Imam, a student activist, was arrested on August 25, 2020, while Khalid, a former student of Jawaharlal Nehru University (JNU), was arrested on September 13, 2020. Their earlier bail pleas had also been rejected by a trial court, most recently on July 4 this year, prompting them to approach the High Court.

The Delhi Police opposed the petitions, claiming that the two activists were the “masterminds” behind the riots.

Reacting to the denial of bail, TMC MP Saket Gokhale said, “A US citizen & 2 Ukrainians charged with terrorism under UAPA were ‘allowed to go home’ last week. NIA did not even object to it. But Umar & Sharjeel keep getting their bail denied even after 6 years in custody without trial.”

Stating, “White people have more rights, in their own country as well as in Modi’s India,” he said, adding, “We are in our 2nd age of colonization.”

Critics have described the prolonged incarceration of Umar Khalid and other anti-CAA activists as the criminalisation of dissent, while expressing concern over the use of stringent laws such as the UAPA to keep accused persons imprisoned for years without trial.

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