Umar Khalid, the scholar who was denied bail by the Supreme Court in the 2020 Delhi riots conspiracy case on Monday, told his friend he was happy for others who had been given bail,
The Supreme Court cited "hierarchy of participation" and said all the accused in the case do not stand on the same footing.
There was a prima facie case against Khalid and Sharjeel Imam under the Unlawful Activities (Prevention) Act, a bench of Justice Aravind Kumar and Justice N.V. Anjaria said.
While Khalid and Imam will remain in jail, activists Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmad have been given bail.
"I am really happy for the others, who got bail! So relieved," Khalid said, his friend Banojyotsna Lahiri posted on her social media.
She added: "I'll come tomorrow for Mulaqat", I replied.
Khalid said: "Good good, aa jana. Ab yahi zindagi hai [Come, now this is my life].”
The Supreme Court held that delay in trial does not operate as a "trump card" which automatically displaces statutory safeguards.
"All the appellants do not stand on equal footing as regards culpability. The hierarchy of participation emerging from the prosecutions case requires the court to examine each application individually," the bench said, adding that the roles attributed to them are different.
"This court is satisfied that the prosecution material disclosed a prima facie allegation against the appellants Umar Khalid and Sharjeel Imam... This stage of proceedings does not justify their enlargement on bail," the apex court said.
The February 2020 riots in northeast Delhi left 53 people dead and more than 700 injured.
Strongly opposing the bail pleas, Delhi police said the riots were not spontaneous but an orchestrated, pre-planned and well-designed attack on India's sovereignty.
Additional solicitor general S.V. Raju contended that all the participants are liable for each other's acts in a conspiracy. Acts of one conspirator can be attributed to others. Imam's speeches can be attributed to Khalid. And Imam's case will be considered as evidence against the others, the prosecution told the bench, which conducted hearings on the bail pleas on multiple days.
Raju argued that Khalid deliberately planned to leave Delhi before the riots as he wanted to deflect responsibility.
Seeking bail, Imam expressed anguish before the apex court for being labelled a "dangerous intellectual terrorist" without a full-fledged trial or a single conviction.
Khalid's father, SQR Ilyas, refused to comment on his son being denied bail. "I have nothing to say. The judgement is before you," Ilyas said.
(with inputs from PTI)
