No bail for Umar & Sharjeel as SC makes distinction; five get relief (2020 DELHI RIOTS CASES: BENCH CITES 'HIERARCHY OF PARTICIPATION'), Pg1

Key Highlights:

• The Supreme Court denied bail to Umar Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy case, citing their "central and formative role" in the alleged conspiracy.
• The court granted conditional bail to five other accused: Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan, and Shadab Ahmed.
• The court distinguished between the accused based on the "hierarchy of participation" in the alleged conspiracy.
• Imam was arrested on January 28, 2020, and Khalid on September 13, 2020, in connection with the Delhi riots case.

Detailed Insights:

• The court found a prima facie case against Khalid and Imam under the Unlawful Activities (Prevention) Act (UAPA), noting their involvement in planning, mobilization, and strategic direction of the riots.
• The prosecution material against Khalid and Imam includes speeches, meetings, digital communications, and strategic deliberations related to the CAA/CAB protests.
• The remaining accused were described as local-level facilitators, leading the court to grant them bail with conditions to ensure a fair trial and national security.
• The court clarified that the delay in the trial cannot be the sole basis for granting bail in cases involving offences that implicate the sovereignty, integrity, or security of the State.
• The court observed that the accused themselves contributed to the delay by raising objections and requesting deferments during the trial proceedings.

Key Concepts Involved:

• Unlawful Activities (Prevention) Act (UAPA): Indian law aimed at preventing unlawful activities directed against the integrity and sovereignty of India.
• Prima facie: Latin term meaning "on its first appearance," referring to evidence sufficient to prove a fact unless rebutted.
• Chakka Jam: A form of protest involving the blocking of roads to disrupt transportation and daily life.