The Supreme Court on Monday declined to grant bail to student activists Umar Khalid and Sharjeel Imam in connection with the February 2020 northeast Delhi riots, observing that the allegations against them place them in a distinct category compared to other accused in the case.

A bench comprising Justices Aravind Kumar and N.V. Anjari held that Khalid and Imam stand “on a qualitatively different footing” due to the seriousness and nature of the accusations levelled against them. Both have been in custody for several years under the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) and had challenged an earlier Delhi High Court decision denying them bail.

At the same time, the apex court granted bail to five other co-accused — Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmad — after drawing a clear distinction between their alleged roles and those attributed to Khalid and Imam. The court clarified that granting bail to these five does not dilute the gravity of the charges against them.

The bench imposed 12 strict conditions on the released accused and cautioned that any breach would result in immediate cancellation of bail. It also stressed that bail proceedings are not meant to assess the strength of defences in detail and that courts must exercise structured judicial restraint while dealing with UAPA cases.

The court noted that offences under the UAPA are rarely isolated acts and often involve broader conspiracies. Referring to the law’s definition of a “terrorist act,” the bench observed that such acts are not limited to physical violence alone but may also include actions that disrupt essential services or pose a threat to the nation’s economy.

Emphasising that each bail plea under the UAPA must be evaluated independently, the judges reiterated that the level of alleged involvement varies from accused to accused. The court also directed that the trial be concluded without undue delay and that protected witnesses be examined expeditiously.

Delhi Police have consistently opposed bail for all accused, maintaining that the 2020 riots were the result of a carefully planned conspiracy aimed at undermining national sovereignty. The police have also alleged that the violence was timed to coincide with the visit of then US President Donald Trump to draw global attention to protests against the Citizenship Amendment Act (CAA). Sharjeel Imam, however, has argued that he was branded an “intellectual terrorist” without evidence or conviction.