A Division Bench of Justices Navin Chawla and Shalinder Kaur at the Delhi High Court have observed on 2 September, 2025 that the February 2020 protest led by a faction of Anti-CAA protestors, that bail applications with regards to Sharjeel Imam and Umer Khalid amongst others, have stood disposed of. The Court has found the protest to have been a “premeditated, well-orchestrated conspiracy to commit unlawful activities threatening the unity, integrity, and sovereignty of India” that cannot be read as res integra to existing judicial interpretation while deciding the grant or refusal of bail to an accused booked for offences under the Unlawful Activities (Prevention) Act (UAPA).
The Court has found that the prosecution’s case rests on an alleged deep-rooted conspiracy by the accused to orchestrate large-scale riots in Delhi in protest against the enactment of the CAA and NRC. The conspiracy is stated to have been initiated through the creation of WhatsApp groups and coordination among student bodies and individuals, with the object of organizing round-the-clock sit-in protests across Delhi. The prosecution asserts that these activities involved the development of protest sites, circulation of incite-ful pamphlets, delivery of inflammatory speeches, and propagation of misleading narratives to mobilize the Muslim community, which in turn led to incidents of violence at JMI, Shaheen Bagh, and North-East Delhi. It is further alleged that conspiratorial meetings were held to plan the escalation of protests into riots, with weapons such as firearms, petrol bombs, acid, rods, and stones being stockpiled, alongside measures like dislocating CCTVs and organizing chakka-jaams to disrupt essential supplies. The culmination of these acts is alleged to be the communal riots of February 2020, which resulted in 54 deaths, including a senior police officer and an IB official, grievous injuries to several police personnel and civilians, destruction of over 1,500 public and private properties, and severe damage to communal harmony in the national capital.
The two primary accused “masterminds”, Imam and Khalid were arrested on 20 August 2020. Clashes broke out between anti-CAA and pro-CAA protestors on 23 February 2020. The mob violence picked up pace and led to severe rioting and tense circumstances that resulted in the death of over 54 persons and damage to thousands of public properties, attacks on journalists by pro-CAA protestors. ThePrint journalists uncovered a rare show of interfaith Hindu-Muslim solidarity during this time.
Delhi High Court clarified, however, that the present observations are confined to the consideration of bail and shall not affect the merits of the case, which remain subject to cross-examination and trial. Consequently, the bail appeals were dismissed.
The appeals by Athar Khan, Shadab Ahmad and Saleem Khan were not considered by the Court. Allegations suggest their presence in various meetings and especially on the intervening night of 23 February 2020 were alleged discussions to further violence against Policemen and non-Muslims. Similarly, the appeals by Shifa-ur-Rehman and Meeran Haider. The appellants have said that the claims are general and unsubstantiated, resting largely on their passive attendance at meetings, inclusion in WhatsApp groups, or association with legitimate student and alumni bodies, without any specific evidence demonstrating intent, preparation, or involvement in a terrorist act or conspiracy. In dismissing their appeals, the Court mentioned mere completion of investigation would not be a material change in the circumstance to grant bail considering the seriousness of allegations levelled.
In rejecting the plea by Gulfisha Fatima, the Court stressed that comparisons cannot be made to co-accused released on bail since the role ascribed to the appellants on record is vastly different. By reasoning that the preservation of the broader legislative intent and striking a balance on individual liberty and rule of law, has necessitated the rejection of applications.
