Today, On 27th August, Supreme Court Slams Delhi Police, “See, 5 Years Are Over Already,” While Slamming Delay in Replying to Bail Pleas of Activists Umar Khalid and Sharjeel Imam in Delhi Riots Conspiracy Case, Saying It’s Only About Consideration of Bail.
The Supreme Court has criticized the Delhi Police for not submitting its response to the bail applications of Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and Meeran Haider, who are involved in the larger conspiracy case linked to the 2020 North East Delhi riots.
A bench comprising Justices Aravind Kumar and NV Anjaria stated that sufficient time had already been granted for the police to respond to these pleas.
The Court emphasized,
“In all bail matters, there is no question of filing reply.”
Addressing Additional Solicitor General SV Raju, who requested more time to respond to the appeals, the Court remarked,
“We made it clear. You [ASG] may be appearing for the first time. We granted sufficient time.”
The Court further instructed,
“On Friday, you ensure you have proper instructions…we will hear it. See if you can Mr Raju…if something can be done…this is only about consideration of bail. See 5 years are over already.”
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During the hearing, Additional Solicitor General (ASG) S.V. Raju sought more time to file the counter affidavit.
He said,
“We need some time to file our counter.”
However, Senior Advocate A.M. Singhvi, appearing for Khalid, strongly objected, saying,
“When the issue itself concerns delay, there can’t be further delay.”
Justice Kumar, who was part of the Bench hearing the case, reminded the prosecution,
“We’ve already given you enough time. You may be appearing for the first time, but earlier we had said in open court that the matter would be heard on October 27 and disposed of.”
The Bench further observed that in bail matters, there’s no need for a counter, signaling that the court was not inclined to allow further procedural delays.
At this point, Senior Advocate Kapil Sibal, appearing for Imam, reminded the court,
“It’s already been five years.”
Still pressing for more time, ASG Raju said,
“Please give us two weeks for the counter.”
Justice Kumar, however, rejected the request,
“No, no, argue day after tomorrow with the counter. Mr. Sibal had asked for a hearing before Diwali, and we had refused.”
Reinforcing the defence argument, Singhvi pointed out,
“In fact, the entire case and the chronology are centred around delays.”
Sibal agreed, adding,
“There’s no need for a counter in this matter.”
ASG Raju responded cautiously,
“I’ll review it — sometimes things appear differently than they actually are.”
The Bench then directed that the matter be taken up on Friday, with a clear indication that no further adjournment would be entertained.
Earlier, On September 2, the Delhi High Court denied bail to Imam, Khalid, and seven others: Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Shadab Ahmed, Abdul Khalid Saifi, and Gulfisha Fatima. On the same day, another accused, Tasleem Ahmed, had his bail plea rejected by a different bench of the High Court.
The Court clearly stated,
“Prolonged incarceration alone cannot justify bail, especially given multiple chargesheets and extensive evidence still pending trial.”
The Delhi Police opposed their bail requests, arguing that this was not a case of spontaneous riots but rather a situation where the riots were “planned well in advance” with a “sinister motive and well-thought-out conspiracy.”
The High Court noted that, prima facie, the involvement of Imam and Khalid in the conspiracy was grave, as they had delivered inflammatory speeches aimed at “instigating mass mobilisation of members of the Muslim community.”
They are now seeking bail from the Supreme Court under the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) concerning the February 2020 Delhi riots. In 2020, Imam was arrested under the UAPA and identified as the main conspirator in the Delhi riots case.
The violence occurred during protests against the proposed Citizenship Amendment Act (CAA) and National Register of Citizens (NRC), resulting in 53 deaths and over 700 injuries.
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.
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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