Today, On 19th September, The Supreme Court adjourned the bail pleas of Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Shifa Ur Rehman and Meeran Haider in the 2020 Delhi riots conspiracy case, scheduling the next hearing for September 22 before Justices Aravind Kumar and Manmohan.
The Supreme Court adjourned the hearing of bail pleas filed by Delhi riots accused Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Shifa Ur Rehman and Meeran Haider in the 2020 Delhi riots conspiracy case.
The matter will now be taken up for hearing on Monday, September 22.
The case was listed before a Bench of Justice Aravind Kumar and Justice Manmohan.
When the matter was presented before Justices Aravind Kumar and Manmohan, the briefing counsel representing Kapil Sibal informed the bench that Sibal was leading the arguments in the case.
Notably, Sibal does not appear before Justice Manmohan, who began his legal career as a junior in Sibal’s chamber. Shortly after this, the court adjourned the hearing to September 22.
However, it is still uncertain whether the bail pleas will actually be heard on September 22, as the roster shows that the same combination of Justices Kumar and Manmohan is scheduled to form the bench on that date as well.
The adjournment follows a week after the Justice Kumar-led bench postponed the hearing on September 12, stating that the extensive case records had arrived at their residences past midnight and could not be reviewed in time.
The accused, who have already spent more than five years in custody, have been booked under the Unlawful Activities (Prevention) Act (UAPA).
Senior advocate Abhishek Manu Singhvi is representing Imam, while senior advocate Kapil Sibal is advocating for Khalid. Both petitions contend that their lengthy detentions Imam since January 2020 and Khalid since September 2020 constitute punishment without trial.
They emphasize that the trial is still ongoing, with numerous supplementary charge sheets and many witnesses yet to be called.
The case will now be referred to the Chief Justice of India for a new listing before a suitable bench.
Earlier, The Delhi High Court had earlier rejected their bail applications. The High Court observed that there was a strong prima facie case against the accused, referred to the stringent bail restrictions under UAPA, and highlighted potential risks to public order if bail was granted.
The Court clearly stated,
“Prolonged incarceration alone cannot justify bail, especially given multiple chargesheets and extensive evidence still pending trial.”
According to the allegations, Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Shifa Ur Rehman and Meeran Haider were involved in orchestrating protests, delivering inflammatory speeches and mobilising crowds, which, as per the prosecution, triggered the large-scale violence in Delhi in 2020.
These riots, which erupted in February 2020, were triggered by conflicts over the proposed Citizenship Amendment Act (CAA). According to the Delhi Police, the violence resulted in 53 deaths and numerous injuries.
The case involves allegations that the accused orchestrated a broader conspiracy aimed at inciting multiple riots. A FIR was lodged by the Special Cell of the Delhi Police, citing various sections of the Indian Penal Code (IPC) and the UAPA.
Many of the accused face charges in multiple FIRs, leading to several bail petitions being filed in different courts. Most have remained in custody since 2020.
The four activists have approached the top court challenging the Delhi High Court’s September 2 order which had refused bail to nine people, including Khalid and Imam.
The nine people whose bail was denied by the high court were Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Abdul Khalid Saifi and Shadab Ahmed.
In a separate order on the same day, another bench of the high court also rejected the bail plea of accused Tasleem Ahmed.
The riots, which erupted in the backdrop of protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC), claimed 53 lives and left more than 700 people injured.
All the accused, however, have consistently denied the allegations made against them. They have been in jail since 2020.
Their bail pleas were first dismissed by the trial court, following which they approached the Delhi High Court. After being denied relief there too, they have now moved the Supreme Court seeking bail.
Click Here to Read Previous Reports on Delhi riots case
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