The Supreme Court has rejected the parity claim raised in the Delhi riots conspiracy case and agreed to hear Khalid Saifi’s bail plea, taking up his challenge to the allegations tied to the 2020 violence investigated under laws.
The Supreme Court issued notice on the petition filed by United Against Hate member Khalid Saifi, who a co-accused along with Umar Khalid and Sharjeel Imam has questioned the Delhi High Court’s refusal to grant him bail in the 2020 Delhi riots larger conspiracy case that includes allegations under the IPC and the UAPA.
The matter came before a Bench of Justice Aravind Kumar and Justice PB Varale, where Saifi’s lawyer explained that the accused has already remained in jail for almost six years and should be given bail on the same grounds on which Gulfisha Fatima received relief.
The lawyer said that,
“The accused has been in custody since last 5 years and 11 months. He has a benefit of judgement in Gulfisha Fatima. I am claiming parity with that.”
The Bench immediately asked about the exact role alleged against Saifi. In response, the lawyer said that two other co-accused, Shadab and Saleem, had already been granted bail by the Supreme Court and Saifi’s role was linked with theirs.
The lawyer added that the charges mainly say that he was a member of the DPSG WhatsApp group (Delhi Protest Support Group), that he helped organise some protests, and that he was accused of making provocative public statements. He argued that “there is no evidence to suggest that.”
The Supreme Court, however, reacted sharply to the plea for parity.
The Bench said,
“You want to incite people for communal riots and want to claim parity? This is your trump card.”
Saifi’s counsel then told the Court that he could show the videos to rebut the allegations.
The Bench questioned why the videos had not already been placed on record and remarked,
“why have you not placed that yet? You think you will place it in instalments? If you are claiming parity on our judgement (in Gulfisha Fatima) we will straightaway say no. If the riots don’t take place where you gave the speech that doesn’t matter. It takes place in another place… how many people were killed? You don’t know. We will tell you. 153. You should come equipped.”
Saifi has appealed against the Delhi High Court’s order from September 2, 2025, which denied him bail.
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Earlier in January, the Supreme Court approved bail for five other individuals involved in the case but refused it to Umar Khalid and Sharjeel Imam. Subsequently, the remaining accused, including Tasleem Ahmed and now Khalid Saifi, have approached the court.
A notice has been issued regarding Tasleem Ahmed’s petition. In his plea, Saifi argues that he has endured five years in custody and is requesting bail on similar grounds as Gulfisha and others, who were recently granted bail by the Supreme Court.