New Delhi: The Supreme Court on Monday refused to grant bail to student activists Umar Khalid and Sharjeel Imam in the alleged “larger conspiracy” case related to the 2020 Delhi riots, holding that a prima facie case under the Unlawful Activities (Prevention) Act (UAPA) was made out against them.
Pronouncing the judgment, a Bench of Justices Aravind Kumar and Prasanna B. Varale said the prosecution material disclosed sufficient grounds to attract the statutory bar on bail under Section 43D(5) of the UAPA. The court observed that the available evidence did not justify their release at this stage.
The Bench noted that the record suggested Khalid and Imam’s involvement at the level of planning, mobilisation and issuance of strategic directions, placing them on a “qualitatively different footing” compared to other accused in the case.
However, the apex court granted bail to Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohd Saleem Khan and Shadab Ahmed, all of whom have been in custody for over five years. The court emphasised that each bail plea must be examined independently, as the accused did not stand on equal footing in terms of alleged culpability.
“The hierarchy of participation requires the court to assess each application individually,” the Bench said, underlining that Khalid and Imam could not be equated with the other appellants who were granted bail.
The Supreme Court had reserved its verdict on December 10 on a batch of special leave petitions challenging the Delhi High Court’s refusal to grant bail in the case. Earlier, in September 2025, the Delhi High Court had dismissed the bail pleas of Khalid, Imam and others, finding a prima facie case under the UAPA.
Opposing the bail pleas before the Supreme Court, Solic