Omar Khalid and Sharjeel Imam, prominent Indian activists, visited the Supreme Court of India on Thursday to renew their bail request in the "larger conspiracy" case of the Delhi riots in 2020. They are currently challenging a ruling from the Delhi High Court that rejected their previous requests on September 30.
Open Cases and Legal Challenges
The Delhi High Court had stated in its ruling that due to judicial discipline, it could not alter the conditions specified in the Supreme Court's order on January 5. In this order, the Supreme Court had denied the bail requests of Omar Khalid and Sharjeel Imam while granting conditional release to five other accused in the case. The Supreme Court stated that these two are "in a qualitatively different situation compared to the other accused."
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This ruling allows Omar Khalid and Sharjeel Imam to reapply for bail after reviewing protected testimonies or after one year, whichever condition is met first.
Duration of Imprisonment and Protests
Sharjeel Imam has stated that he has been imprisoned as an accused for over six years and nine months, and none of the 47 protected witnesses have been examined. He also pointed out that the conditions for testimony seem unlikely to be met in due time. Furthermore, the requests submitted to the Supreme Court indicate that over 900 witnesses have yet to be examined, and their continued imprisonment constitutes a violation of the right to life and liberty under Article 21 of the Indian Constitution.
On May 18, another Supreme Court criticized the January order, reminding that "bail is the rule and imprisonment is the exception," which applies even under the UAPA anti-terrorism law. The Delhi police have described these two activists as the "main architects" of the February 2020 violence, yet nearly seven years later, no trial has commenced for them.
Given the adverse weather conditions in Delhi and the approaching festive season, Omar Khalid and Sharjeel Imam are seeking their conditional release under unsuitable circumstances. These social and legal crises, alongside environmental challenges, have raised further concerns within Indian society.
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