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Supreme Court Rejects Bail for Khalid and Imam, Clears Conditional Release for Five in Delhi Riots UAPA Case

The ruling broadens UAPA's terrorism definition to cover disruptive acts, elevating a hierarchy of participation that tightens bail.

Overview

  • The bench concluded Umar Khalid and Sharjeel Imam played a central and formative role in the alleged conspiracy, while granting conditional bail to Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohd. Saleem Khan and Shadab Ahmad.
  • Section 15 of the UAPA was read to cover conduct that disrupts services or threatens the economy, extending the statute beyond blatant physical violence.
  • The Court articulated an accused-specific hierarchy of participation that distinguishes alleged masterminds from peripheral associates, shaping divergent bail outcomes.
  • Khalid and Imam remain jailed for more than five years without trial as UAPA’s Section 43D(5) allows bail denial when accusations appear prima facie true.
  • Reactions diverged sharply, with rights advocates warning of expanded executive reach and supporters framing the decision as a stringent, security-focused recalibration.