The Delhi High Court on Wednesday denied the bail pleas filed by former JNU scholar Umar Khalid and Sharjeel Imam in the larger conspiracy case relating to the 2020 North East Delhi riots registered under the Unlawful Activities (Prevention) Act (UAPA).
“This court is bound by judicial discipline,” the Court said, adding that it cannot modify the conditions imposed on Sharjeel and Umar.
It held that the role of Tasleem Ahmed and Khalid Saifi was different from that of Sharjeel and Umar and thus, parity cannot be sought by them by relying on Supreme Court order granting interim bail to Ahmed and Saifi.
“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.
Senior Advocate Trideep Pais appeared for Umar Khalid.
The Delhi High Court on Wednesday denied the bail pleas filed by former JNU scholar Umar Khalid and Sharjeel Imam in the larger conspiracy case relating to the 2020 North East Delhi riots registered under the Unlawful Activities (Prevention) Act (UAPA).
A division bench comprising Justice Prathiba M Singh and Justice Dinesh Bhatt said that it cannot modify the order passed by the Supreme Court in Gulfisha Fatima case wherein conditions were imposed on them to seek bail— one, on completion of protected witness' examination and upon expiry of one year from passing order (January 05, 2026), whichever is earlier.
“This court is bound by judicial discipline,” the Court said, adding that it cannot modify the conditions imposed on Sharjeel and Umar.
The Court said that a perusal of the observations in Gulfisha Fatima judgment would show that the Supreme Court held that Umar Khalid and Sharjeel Imam occupy a separate position distinct from the co accused and held them to be ideological drivers of the entire alleged conspiracy.
The Court said that despite the specific observation, the appellants filed applications for bail on three change in circumstances- that the judgment in Gulfisha Fatima was reconsidered and questioned by Apex Court, that co accused Tasleem Ahmed and Khalid Saifi were granted interim bail on mere ground of delay in trial and that further six months had lapsed on the date of filing fresh bail applications subsequent to Gulfisha Fatima ruling.
The Court had also put query to counsels appearing for Umar and Sharjeel if they are willing to wait till first week of January to press the appeals to which the response was in negative. Accordingly, the Court proceeded the decide the appeals today.
It held that the role of Tasleem Ahmed and Khalid Saifi was different from that of Sharjeel and Umar and thus, parity cannot be sought by them by relying on Supreme Court order granting interim bail to Ahmed and Saifi.
“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. Accordingly, the appeals are dismissed,” the Court said.
Senior Advocate Trideep Pais appeared for Umar Khalid. Advocates Talib Mustafa and Ahmad Ibrahim appeared for Sharjeel Imam. ASG SV Raju appeared for Delhi Police.
