New Delhi

The Supreme Court on Monday will pronounce its verdict on the bail pleas of Sharjeel Imam, Umar Khalid and several others, who have challenged the Delhi High Court order denying them bail in a case under the Unlawful Activities (Prevention) Act (UAPA) linked to the alleged larger conspiracy behind the 2020 north-east Delhi riots.

A bench comprising Justices Aravind Kumar and NV Anjaria will also deliver its judgment on the bail pleas filed by Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmed. The apex court had reserved its verdict on December 10 after hearing detailed arguments from all parties.

During the hearing of their pleas seeking bail, the advocates who appeared for them mostly argued on the delay and the unlikelihood of the commencement of the trial. It was also stated to the court that they have been under custody for over five years in a case in which they are facing serious allegations of committing offences under the UAPA.

The contentions were also made that there is no proof of violence that they instigated the riots, even after five years have passed.

On the other hand, Delhi Police objected to the bail pleas, saying the alleged offences involved a deliberate attempt to destabilise the state. It argued that these were not spontaneous protests but a well-orchestrated "pan-India" conspiracy aiming at "regime change" and "economic strangulation".

The Delhi Police further submitted that the conspiracy was allegedly planned to coincide with the official visit of the then US President to India, with the intention of drawing international media attention and globalising the issue of the Citizenship Amendment Act (CAA).

The issue of CAA was carefully chosen to serve as a "radicalising catalyst" camouflaged in the name of "peaceful protest", it had said.

The prosecution further stated that the "deep-rooted, premeditated and pre-planned conspiracy" hatched by the petitioners resulted in the death of 53 persons, large-scale damage to public property, leading to registration of 753 FIRS in Delhi alone.

Evidence on record suggests that the instant conspiracy was sought to be replicated and executed PAN India, the Delhi police said.

It referred to the various WhatsApp groups, Delhi Protest Support Group (DPSG), and Jamia Awareness Campaign Team. It was also argued that the delays are attributed to the petitioners themselves, and if they cooperate, the trial will be concluded within two years.

The Delhi High Court on September 2 denied bail to Imam, Khalid and seven others - Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Shadab Ahmed, Abdul Khalid Saifi and Gulfisha Fatima.

On September 2, the bail plea of another accused, Tasleem Ahmed, was rejected by a different High Court bench.

The High Court had observed that, prima facie, the role of Imam and Khalid in the entire conspiracy was "grave", having delivered inflammatory speeches on communal lines to "instigate mass mobilisation of members of the Muslim community."

They sought bail from the apex court in the larger conspiracy case under the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) in the Delhi riots case in February 2020.

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In 2020, the Delhi police arrested Imam under the UAPA and named him as the main conspirator behind the Delhi riots case.

The violence had erupted during the protests against the then-proposed Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) and had left 53 people dead and over 700 injured.