The Truth Behind Why Bail Was Denied to Umar Khalid and Sharjeel Imam

Umar Khalid and Sharjeel Imam Photo

With the Umar Khalid and Sharjeel Imam cases once again drawing global attention, especially after Umar Khalid’s father met US politician Zohran Mamdani, it’s the right time to scrutinize why the Supreme Court rejected bail pleas for both activists. The issue has sparked renewed discussion around India’s anti-terror law, the UAPA, and how it is applied in high-profile cases.

In the age of social media, misinformation often travels across the world long before the truth gets its moment. That makes it all the more important to examine each argument carefully and understand the reasoning behind the court’s responses. We are living in a time where selective fact-checking is common, misinformation is circulated to serve political agendas, and inconvenient truths are pushed out of sight. From what I have seen, some of the material relevant to this case has still not reached the wider public because it is rarely covered by mainstream media. As a result, distrust continues to linger.

Of course, for some people, no amount of truth really matters. What they seek is validation for their existing biases or political leanings. This post is not meant for that audience. No amount of proof can change such a mindset. It is written for readers willing to acknowledge facts when presented.

Getting back to the case, according to the prosecution, Umar Khalid and Sharjeel Imam were not just participants but masterminds who mobilised or influenced others during the events in question. The defence, however, put forward two key arguments while seeking their release on bail. Let’s take a closer look at what those arguments were and why the court chose not to accept them.

Defense Argument #1:
Not Directly Involved in Violence

Sharjeel Imam Umar Khalid Bail Defense Argument #1 Photo

One of the most repeated arguments, especially in Umar Khalid’s case, is that he was not present at the riot spots when the violence took place.

Court Response

The court indicated that the act of masterminding the riots, even without direct presence, was in itself sufficient. The court’s position was clear and firm: nothing comes above the interests of national security. On a prima facie assessment of the material placed before it, which includes videos, audios, posts, and messages, the court held that both Umar Khalid and Sharjeel Imam faced similar allegations of being the masterminds, which weighed heavily against granting bail. Due to their involvement in the larger plan, several people were killed and injured, including an intelligence officer.

Sharjeel Imam Umar Khalid Bail Defense Argument #1 Court Response Photo

It should be noted that provocative words alone can be enough to incite violence. This is not something new. Something similar was seen even before the Gujarat riots, where RSS members were found to have mobilised people through provocative speeches. Many who provoked never participated in the violence, but their words were enough. They were taken into custody and remained there for years.

This raises an important question: what makes those cases different from the cases of Sharjeel Imam and Umar Khalid, so that the latter deserves bail? Both instances were the same: provocative speeches leading to mass mobilization. The 2020 Delhi riots too had a communal angle, with tensions between different communities being stirred during the violence. Videos of the provocative communal speeches are available widely on X. WhatsApp groups were formed along religious lines, which added to the sense of division at the time.

Rather than relying on political influencers or commentators, I recommend reading the official case files to understand the facts as presented in court. You can find these by searching Google with terms like “Delhi NCT Sharjeel Imam pdf” and then looking within the document for specific details.

Often, religion is used as a tool to strengthen or manipulate one’s case, and that appears to have happened here as well. As someone who has gone through the provocative videos and social media posts of the two, it is difficult to see them as innocent. I cannot quote or reproduce those statements here because of their sensitive nature, but they are publicly available and can be found on social media platforms like X by searching their names.

Sharjeel Imam’s Facebook account is still active, while Umar Khalid has deleted his. I would recommend going through Sharjeel’s Facebook posts to see for yourself how passionately he tried to convince people to hit the streets. Some posts had a communal dimension as well. The content includes rhetoric that can be interpreted as calls for violence and even secession, which adds serious weight to the charges against them.

Defense Argument #2:
The Trial Delay

One more argument that often comes up is the long delay in the trials of Sharjeel Imam and Umar Khalid.

Sharjeel Imam Umar Khalid Bail Defense Argument #2 Photo

Court Response

The court maintained that a delay in the trial does not dilute the gravity of the case.

Also Read: CJI’s Remarks on Umar Khalid’s Trial Delays

Sharjeel Imam Umar Khalid Bail Defense Argument #1 Court Response Photo

The Final Verdict

The court observed that the polarising material appeared prima facie true, and this played a key role in denying bail to them as alleged masterminds.

Sharjeel Imam Umar Khalid Bail Rejection Decision Image
Sharjeel Imam Umar Khalid Proof Prima Facie True Image

The court admitted that balancing individual rights with the nation’s security is never an easy task.

Sharjeel Imam Umar Khalid Bail Is a Difficult and Sensitive Balancing Exercise Image
Sharjeel Imam Umar Khalid Liberty Subject to Stringent Conditions Image
Sharjeel Imam Umar Khalid Bail Rejection Summary Image

Umar Khalid and Sharjeel Imam were not denied bail because of unfairness or a failure of the legal system. Their bail was rejected because the court found the material presented before it to be valid and credible.

However, unless this material, such as videos or posts, is made available for public viewing in a structured and responsible manner, many people will continue to believe that the legal system itself is fractured. Since I have seen the provocative videos and social media posts and gone through the case details, I do not doubt the court’s reasoning.

But the lack of transparency leaves room for misunderstanding. It also creates space for political parties and interest groups to selectively present facts and shape narratives for their own benefit. Should there not be a mechanism to clearly explain why and how such decisions are taken, along with supporting material, so that the ordinary citizen does not have to rely on fragments found on their own?

An Ode to Informed Opinions

Photo by Solen Feyissa on Pexels.com

You are supposed to have an opinion on everything nowadays.

If there is a hashtag trending on Twitter, where people are raging and showing their utter disappointment in something, you are considered indifferent or apathetic if you do not take an active part in the noise. You see posts akin to “Your silence speaks a lot” that curse you for being quiet.

You aren’t supposed to fall on a grey area. It should either be a concrete “Yes, I support this” or a “No, I do not support it” God forbid, you take a neutral stance. I have seen celebrities feeling burdened by this pressure to make a statement about any issue. At times, I have felt “Thank God, I am not a celebrity

What if it isn’t apathy or indifference? What if it’s plain fear – of upsetting your friends if you state your true, honest informed opinion?

Social media, unfortunately, isn’t always right. There’s a herd mentality at play most of the times. People go with the flow rather than doing proper research and making an informed opinion. There are people who protest, just for the sake of protesting. You ask them about the issue and they will have no clue about what’s going on.

It is sort of a ripple effect – when you see your friends taking part in it, you want to join in too, and then your friends see you doing it and they take part in it as well. A fear of missing out, or as the new gen would put it – FOMO. Everyone is too busy to do independent research though, so they trust their friends to have done it already.

You are also scared. You might be considered cold or distant if you do not support your friends in this hashtag trend. Even worse, you are not supposed to have an opinion that is different from theirs. “My way or the highway” is the motto. That confusion and fear stops a lot of people from really opening up. It can also make more people jump into the bandwagon, to add to the noise, impulsively without proper research.

There are times you give your 2 cents, supporting your friend’s opinion, because you trust them to be right. And later on, when you read up on the subject, you are utterly dismayed. You realize you shouldn’t have acted impulsively, and that there’s more to the issue than what meets the eye.

This is the bane of living online these days. You will be fired for having an opinion, you will be fired for having a different opinion, and you will also be fired if you do not have an opinion.

This shouldn’t stop us though, from making an informed opinion especially when it comes to sensitive issues. Your opinion will have an impact on your immediate circle – no matter how big or small that circle is. So why not do it right? Critical thinking has become the need of the hour. The facts are there for everyone to see. I do not mean the “facts” displayed on social media – which can be twisted to fit anyone’s agenda. A quick Google and YouTube search will display all the information you need. Go through multiple materials (from credible sources that are based on facts), read/hear from all sides, and you will definitely start seeing and filtering out the biases from your own knowledge base.

Here’s to more informed opinions, and may you never be stopped from making them.

P.S: I came across this old article “The Burden of an Informed Opinion” on LinkedIn. A very interesting (and much needed) take on learned opinions. Do give it a read to understand the necessity of critical thinking.