‘No Right To Bail If You Act Against Country’: SG Mehta As Order On Umar Khalid, Sharjeel Imam’s Pleas Reserved

The Delhi High Court on Wednesday reserved its decision on the bail applications of Umar Khalid, Sharjeel Imam, and other individuals accused in the alleged larger conspiracy behind the 2020 Delhi riots. The matter remains pending for one of the co-accused, Shadab Ahmed, whose bail plea will be heard further on Thursday. According to news agency IANS, Solicitor General Tushar Mehta strongly opposed the bail pleas, asserting that those involved in conspiracies against the nation should not be granted bail merely due to prolonged detention.

‘No Right to Bail If You Act Against the Country’: Solicitor General Tushar Mehta

During the proceedings, SG Mehta argued that the violence in Delhi had been strategically planned to coincide with the then U.S. President Donald Trump’s visit to India, with the alleged intent of damaging India’s global reputation.

He claimed that Sharjeel Imam had established a Muslim students’ group in opposition to the secular ethos of Jawaharlal Nehru University (JNU). Mehta also read out Imam’s controversial speech in court, where Imam was quoted as saying, “If we can organise five lakh people, we can permanently cut off Hindustan from the Northeast. If not permanently, then at least for a month. Dump so much material on tracks and roads that it takes a month to clear. Assam and India will be cut off… only then they will listen to us. You know the condition of Muslims in Assam.”

Calling it one of the most meticulous investigations he had seen, Mehta remarked, “If you act against the country, you have no right to bail. This (Delhi Riots 2020) is one of the finest investigations I have come across. We have 58 statements recorded under Section 164 before the court.”

Imam’s Role Detailed in Delhi Court Order

A Delhi court had earlier, in March, framed charges against Sharjeel Imam and others, calling him a key conspirator behind the 2019 anti-CAA protests that allegedly culminated in the 2020 violence. Additional Sessions Judge Vishal Singh of the Saket Courts observed that Imam had carried out public meetings and circulated inflammatory material in areas like Munirka, Nizamuddin, Shaheen Bagh, and Jamia Nagar to mobilise opposition against the Citizenship (Amendment) Act (CAA) and National Register of Citizens (NRC).

The judge noted that Imam created and shared a provocative video online and visited Aligarh Muslim University to rally students against the government’s legislative actions. On 13 December 2019, he allegedly met students and locals in Jamia Nagar to encourage them to block public roads in protest.

‘Calculated to Incite’: Court’s Observations on Sharjeel Imam’s Speech

In its order, the court stated that while Imam did not directly mention any community apart from Muslims, the intention of his speech was to provoke action against other communities. “Why, otherwise, accused Sharjeel Imam incited only the members of the Muslim religion to disrupt the normal functioning of the society. [H]is speech was calculated to evoke anger and hatred, the natural consequence of which was a commission of widespread violence by members of the unlawful assembly on public roads,” the judge said.

Labelled as “venomous” and divisive, the speech was termed hate speech by the court. The judge concluded that the widespread rioting could not have been a spontaneous outburst but rather part of a well-orchestrated conspiracy by those who assumed leadership roles in the protests.

Sharjeel Imam faces multiple charges under various provisions of the Bharatiya Nyaya Sanhita, including Sections 109 (abetment), 120B (criminal conspiracy), 153A (promoting enmity), along with several sections relating to rioting, obstruction of public servants, and damage to public property.

The Special Public Prosecutor argued that Imam’s rhetoric, while seemingly advocating a peaceful protest, was in fact designed to fuel communal resentment against laws perceived to target Muslims.

As per Delhi Police, Sharjeel Imam is among nearly a dozen individuals implicated in what has been described as a broader conspiracy that led to the communal violence in February 2020. The riots erupted during clashes between demonstrators supporting and opposing the CAA, resulting in the deaths of over 50 people and injuries to more than 700.

states