New Delhi: Opposition leaders on Monday voiced strong criticism over the Supreme Court’s refusal to grant bail to activists Umar Khalid and Sharjeel Imam in the 2020 Delhi riots “larger conspiracy” case, contrasting it sharply with the repeated paroles granted to Dera Sacha Sauda chief Gurmeet Ram Rahim Singh, who is serving a 20-year jail term for raping two of his disciples.

Ram Rahim, convicted in 2017, walked out of Sunaria jail on Monday after being granted a 40-day parole. This marked the 15th time he has been released on furlough or parole since his conviction, in accordance with jail rules. By contrast, Khalid and Imam, accused under the stringent Unlawful Activities (Prevention) Act (UAPA), have spent over five years in detention awaiting trial, and their bail pleas were denied even as five co-accused in the same case were granted relief by the Supreme Court on the same day.

BJP Leaders Welcome Bail Denial

The Supreme Court’s decision drew support from several ruling party figures. BJP MP and Bar Council of India Chairman Manan Kumar Mishra said the refusal of bail was “well reasoned” and would help advance the investigation in the 2020 Delhi riots case.

Assam Chief Minister Himanta Biswa Sarma welcomed the SC’s decision as well, calling it a safeguard for national unity. “The bail plea of the member of the ‘Tukde-Tukde Gang’ who had threatened to secede the Northeast from India has been rejected by the Supreme Court, and I welcome it,” he said. “This nation shall forever remain united, indivisible, and strong,” Sarma added.

Opposition Raises Questions of Selective Justice

The denial of bail to Khalid and Imam, while Ram Rahim enjoys repeated temporary releases, has prompted the opposition to question the principle of equal application of justice. In a post on X, Communist Party of India (Marxist) MP John Brittas highlighted what he described as selective application of the “bail is the rule, jail the exception” principle.

“No bail to Umar Khalid — detained for over five years under the draconian UAPA, with the trial yet to even begin. Pre-trial jail is not a punishment!!” Brittas wrote.

He drew attention to the contrast with Ram Rahim Singh, noting, “Meanwhile, convicted rapist and murderer Gurmeet Ram Rahim Singh has just been granted yet another 40-day parole — his 15th temporary release from prison since conviction. One languishes indefinitely without trial. The other enjoys repeated ‘jail vacations’ on demand.”

The CPI(M) also condemned the bail denial, describing it as a violation of principles of natural justice. “The Supreme Court’s denial of bail to Umar Khalid and Sharjeel Imam, who have spent over five years in jail under the draconian UAPA without trial or conviction, is against the principles of natural justice,” the party said in a post on X.

The CPI(M) argued that prolonged pre-trial incarceration undermines the fundamental principle that bail is the rule, not jail, and encroaches upon the constitutional right to liberty and a speedy trial. The party reiterated its call for the release of all political prisoners, claiming the UAPA is being used to target dissenting voices and enforce selective justice.

RJD Voices ‘Troubling Questions’

Rashtriya Janata Dal MP Manoj Jha expressed concern over the judicial approach in the case, describing it as raising “troubling questions.” He noted that constitutional courts have both the power and duty to grant bail when incarceration becomes unduly long, unjustified, or disproportionate.

However, in Khalid and Imam’s case, Jha observed that the judiciary appears to consider the time already spent in jail as insufficient, and the delay in trial as not yet shocking or unconstitutional. “This raises troubling questions about how much incarceration must be endured before constitutional protections are activated and achieved,” he said.

SC Grants Bail to Five Co-accused

Earlier on Monday, the Supreme Court refused bail to Khalid and Imam but granted it to five other accused, citing a “hierarchy of participation” and noting that all accused did not stand on the same footing. Those granted bail include activists Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan, and Shadab Ahmad.

The 2020 northeast Delhi riots had left 53 people dead and more than 700 injured. The case has remained under intense scrutiny, given its high-profile nature and the ongoing debate over pre-trial detention under the UAPA.

The contrasting treatment of the accused and the convicted Dera chief has reignited discussions on judicial discretion, pre-trial rights, and the principle of equality before the law, as political parties, activists, and legal observers continue to debate the broader implications of the SC’s decisions.

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