Five Years Without Trial: Bail Denied in BJP-Triggered Delhi Communal Violence Case

New Delhi: The Delhi High Court has rejected the bail pleas of activists Umar Khalid, Sharjeel Imam, Shadab Ahmed, and seven others accused in the 2020 Delhi riots "larger conspiracy" case. This latest order, delivered by a division bench of Justice Naveen Chawla and Justice Shalinder Kaur, upholds an earlier decision by the trial court to deny them bail. Most of the accused have now been in jail for over five years, without trial or conviction.

The case is linked to the Delhi communal violence that erupted after the hate speech by the Bharatiya Janata Party (BJP) leaders in North-East Delhi in February 2020, during protests against the Citizenship Amendment Act (CAA). Over 50 people were killed and hundreds injured in the violence. The Delhi Police allege that the 'riots' were not spontaneous but were the result of a well-organised conspiracy. According to them, protest leaders used the anti-CAA movement as a cover to instigate violence, mobilise crowds, and trigger unrest through secret meetings and Whats-app coordination.

Shadab Ahmed, arrested on April 2020, though official documents record his arrest as June 11, is one of the key accused in the case filed under FIR 59/2020 by the Delhi Police’s Special Cell. The charges include sections of the Indian Penal Code and the draconian Unlawful Activities (Prevention) Act (UAPA) — a law meant to deal with terrorism but increasingly being used against political activists, students and journalists.

Others named in the same case include Sharjeel Imam, Umar Khalid, Meeran Haider, Gulfisha Fatima, Athar Khan, Khalid Saifi, Shifa-ur-Rehman, and Mohd. Saleem Khan — all arrested in the early months of 2020. All of them have spent years in jail without a single conviction or even a completed trial.

The defence argued that the case is politically motivated, designed to punish those who spoke out against the CAA. Lawyers representing Umar Khalid and others said that merely being part of Whats-App groups related to the protests is not a criminal act. They also pointed out that there is no recovery of weapons, no financial links to violence, and no concrete evidence tying the accused to any real act of terrorism. The so-called "secret meetings" referred to by the police were, in fact, open gatherings where protest strategies were discussed, not plots for violence.

The prosecution, led by Solicitor General Tushar Mehta and Special Public Prosecutor Amit Prasad, opposed the bail strongly. Mehta told the court that “if someone is doing something against the nation, then they should remain in jail until they are either convicted or acquitted.” The government argued that the accused deliberately chose the dates to maximise damage and attract international attention, alleging that the violence was timed to coincide with the visit of then U.S. President Donald J. Trump to India, with the ultimate goal of defaming the country on the global stage.

The court ultimately agreed with the prosecution, stating that the case, though still under trial, is serious enough to continue holding the accused in custody. The bench found no reason to interfere with the lower court's decision and therefore denied bail to all nine.

The Communist Party of India (Marxist), in a Politburo statement, condemned the verdict, calling it an attack on democratic rights and a gross violation of the principle of natural justice. The CPI(M) pointed out that the accused have been jailed. The party accused the judiciary of failing its duty by ignoring the prolonged pre-trial detention and the absence of concrete evidence.

The statement also slammed the blatant double standards in the application of the law. While BJP leaders like Kapil Mishra and Anurag Thakur — whose inflammatory speeches before the violence are publicly documented — roam free, young protestors like Umar Khalid and Sharjeel Imam remain in prison under anti-terror laws. The CPI(M) pointed the stark contrast with the Malegaon blast case, where those accused of a deadly bombing — including BJP MP Pragya Singh Thakur and Col. Prasad Purohit — were granted bail, while anti-CAA protesters continue to be held without trial under UAPA. In contrast, those who led peaceful protests against a discriminatory law are being treated as enemies of the state.