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Informist, Monday, Jan. 5, 2026

 

--SC gives bail to Fatima, Haider, Rehman, others in 2020 Delhi riots case 

--SC denies bail to activists Imam, Khalid in 2020 Delhi riots case

 

NEW DELHI – The Supreme Court on Monday denied bail to activists Sharjeel Imam and Umar Khalid in connection with the 2020 Delhi riots conspiracy case. The top court, however, granted bail to activists Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan, and Shadab Ahmed in the case.

 

Khalid and Imam stood on a qualitatively different footing compared to other accused, the top court said. The prosecution material disclosed a prima facie allegation against Khalid and Imam under the Unlawful Activities (Prevention) Act, 1967, and the statutory threshold under the Act of not granting bail was applicable, the court said. This stage of proceedings did not justify their enlargement on bail, the court said.

 

The apex court said that the prosecution materials prima facie disclosed "a central and formative role" and "involvement in the level of planning, mobilisation and strategic direction extending beyond episodic and localised acts." It said that Khalid and Imam could renew their bail applications after the examination of protected witnesses or after one year from Monday.

 

In February 2020, northeast Delhi, where a protest against the Citizenship Amendment Act was underway for several months, erupted in violence that left 53 dead and hundreds injured. Following the violence between Feb. 23 and Feb. 25, 2020, the Delhi Police arrested several student activists, alleging their involvement in a conspiracy to incite the riots. They were charged under multiple laws, including the Indian Penal Code, the Prevention of Damage to Public Property Act, 1984, the Arms Act, 1959, and the Unlawful Activities (Prevention) Act, 1967.

 

The petitioners argued that they have already spent nearly five years in custody and the slow pace of the trial makes prolonged incarceration unjustifiable. They said they were entitled to be released on bail on grounds of parity with co-accused Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha, who were granted bail by the court in 2021.

 

Appearing for the Delhi Police, Solicitor General of India Tushar Mehta and Special Public Prosecutor Amit Prasad opposed the bail plea and argued the riots were not spontaneous but a planned and orchestrated conspiracy carried out on a particular date at a particular time and place to divide the country on religious lines and embarrass it globally. They requested the court not to treat the case as one of only riots, but one in which the accused had conspired to cause a communal divide, destabilise India's unity, and disrupt law and order. They said prolonged incarceration could not be grounds for release on bail in such a case.  End

 

Reported by Surya Tripathi

Edited by Avishek Dutta

 

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