Lagatar24 Desk
New Delhi: The Delhi High Court on Tuesday refused bail to former JNU students Umar Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy case, holding that their role was prima facie “grave.” The bench cautioned that a hurried trial could harm both the accused and the State, and stressed that proceedings were already moving ahead with arguments on framing of charges.
Court on Conspiracy Allegations
The court noted that Khalid and Imam were among the first to act after the Citizenship (Amendment) Bill was passed in December 2019. According to the prosecution, they created WhatsApp groups, distributed pamphlets in Muslim-populated areas, and called for protests and ‘chakka-jaams,’ including disruptions to essential supplies. The bench said that prima facie, their speeches and activities pointed to their role in “planning and designing the scheme of events” leading to the riots.
Right to Protest vs. Law and Order
While acknowledging that peaceful protest is protected under Article 19(1)(a), the court underscored that the right is not absolute. “Unfettered protest would damage the constitutional framework and impinge on law and order,” it said, adding that conspiratorial violence under the guise of demonstrations must be regulated by the State.
Public Interest Consideration
The bench emphasized that the rights and safety of society at large, as well as victims and their families, must also be factored into bail considerations. It held that the absence of the accused during the actual riots did not dilute their alleged role as key conspirators.
Next Steps
The activists’ lawyer stated that the order would be challenged in the Supreme Court. Khalid, Imam, and seven others are accused in the larger conspiracy linked to the northeast Delhi riots of February 2020, which left over 50 people dead and hundreds injured.
