"Long incarceration itself should matter": Ashwani Kumar on SC rejecting bail of Umar Khalid, Sharjeel Imam

New Delhi [India], January 5 : Former Union Law Minister Ashwani Kumar on Monday reacted to the Supreme Court's decision rejecting the bail pleas of Umar Khalid and Sharjeel Imam in the 2020 north-east Delhi riots, stating that while the apex court may have had reasons to distinguish between cases, prolonged incarceration remains a serious concern and "long incarceration itself should matter" while considering bail.
Speaking to ANI, Ashwani Kumar said that judicial decisions are based on the material placed on record, but emphasised that civil libertarians would be deeply troubled by the continued detention of the two accused for an extended period.
"The Supreme Court decides the matters on the basis of the record before it. I'm sure the Supreme Court must have found reasons to distinguish between the two sets of cases. However, the libertarians in this country today would be most unhappy because Umar Khalid and Sharjeel Imam have been in jail for a very long time, and the Supreme Court's own judgment say that long incarceration itself should be a consideration for the grant of bail. After all, there is no recompense for liberty once lost..." Ashwani Kumar said.
His remarks came shortly after the Supreme Court denied bail to Umar Khalid and Sharjeel Imam in a case pertaining to an alleged larger conspiracy behind the 2020 north-east Delhi riots.
However, the SC granted bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmad.
The Court noted that Umar Khalid and Sharjeel Imam stand on a "qualitatively different footing" both in terms of prosecution and evidence.
It noted that their roles were "central" to the alleged offences. As regards these two, though the period of incarceration is continued and long, it does not violate the Constitutional mandate or override the statutory embargo under the laws.
The SC bench of Justices Aravind Kumar and NV Anjaria delivered the judgment on the bail pleas filed by Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmed.
Meanwhile, on September 2 2025, the Delhi High Court rejected the bail plea of nine accused, including Umar Khalid and Sharjeel Imam, in connection with the case, prompting the defendants to move to the Supreme Court.
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."
Umar Khalid, Sharjeel Imam and others were arrested in January 2020 under the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) in the Delhi riots case in February 2020.
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.