They are challenging a Delhi High Court order from 2 September that denied bail to nine individuals, including Khalid and Imam, on grounds that conspiratorial violence under the guise of protests cannot be permitted. The High Court ruling held that while citizens have a constitutional right to protest under Article 19, that right is not absolute and must be exercised within the bounds of law.
Along with Khalid, Imam, Fatima and Haider, those whose bail pleas were rejected include Mohd Saleem Khan, Shifa-ur-Rehman, Athar Khan, Abdul Khalid Saifi and Shadab Ahmed. Another accused, Tasleem Ahmed, had his plea rejected by a different bench.
The High Court’s order, running 133 pages, asserted that violence masquerading as protest, or under the pretext of demonstration, undermines the constitutional framework and impinges on public order. It found the role of Imam and Khalid “prima facie grave”, citing speeches alleged to have inflamed communal divisions and instigated mobilisation. The bench rejected pleas for parity with other co-accused, saying some had more limited involvement.
The case stems from FIR-59/2020 registered by the Delhi Police’s Special Cell, which alleges a “larger conspiracy” behind the violent clashes in northeast Delhi during protests against the Citizenship Amendment Act. Fifty-three lives were lost in the violence and hundreds injured. The accused deny all charges.