New Delhi: The Delhi High Court on Wednesday dismissed the bail appeals of former JNU scholar Umar Khalid and activist Sharjeel Imam in the larger conspiracy case relating to the 2020 North-East Delhi riots, holding that it was bound by the conditions laid down by the Supreme Court in the Gulfisha Fatima case.
A division bench comprising Justice Prathiba M Singh and Justice Dinesh Bhatt said the High Court could not modify the conditions imposed by the Supreme Court and emphasised the principle of judicial discipline.
The court noted that the Supreme Court, while dealing with bail pleas in January 2026, had treated Khalid and Imam differently from several other accused and had observed that they occupied a distinct position in the alleged conspiracy.
The High Court was considering challenges to a July 4 trial court order that rejected the bail pleas of Khalid and Imam. The appeals were filed under Section 21 of the National Investigation Agency Act.
During the hearing, the bench had asked the counsels for Khalid and Imam whether they were willing to wait until the first week of January to press their appeals. The counsel declined, following which the court proceeded to decide the pleas.
The High Court also rejected the argument that Khalid and Imam should receive similar relief to co-accused Tasleem Ahmed and Khalid Saifi, who had been granted interim bail by the Supreme Court on grounds relating to delay in trial.
The bench observed that the roles attributed to Ahmed and Saifi were different from those attributed to Khalid and Imam and, therefore, the principle of parity could not be invoked in the same manner.
The court further noted that the Supreme Court had provided that the bail plea could be renewed upon completion of the examination of protected witnesses or upon expiry of one year from the January 5, 2026 order, whichever was earlier.
“In view of the above discussion and the overall facts of the case, specifically the conditions imposed qua the appellants in Gulfisha case, this Court cannot find fault with the decision of the trial court,” the High Court said while dismissing the appeals.
The proceedings arise from FIR 59 of 2020, registered by the Delhi Police Special Cell in connection with the alleged larger conspiracy behind the North-East Delhi riots. The case invokes provisions of the Unlawful Activities (Prevention) Act, 1967, along with other penal provisions.
The Supreme Court had on January 5 granted bail to several accused, including Gulfisha Fatima, Meera Haider, Shifa-Ur-Rehman, Mohammad Saleem Khan and Shadab Ahmed, while declining bail to Khalid and Imam.
The subsequent legal proceedings have also involved questions concerning the interpretation of prolonged trial delays as a ground for bail under the UAPA, particularly in light of the Supreme Court’s 2021 judgment in Union of India v. K.A. Najeeb. A larger-bench consideration of the issue has been sought following differing judicial views.
Senior Advocate Trideep Pais appeared for Khalid, while Advocates Talib Mustafa and Ahmad Ibrahim represented Imam. Additional Solicitor General SV Raju appeared for the Delhi Police.
