The Supreme Court is hearing the bail pleas filed by activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima and three others in the larger conspiracy case in relation to the 2020 North East Delhi riots.

A Bench of Justices Aravind Kumar and NV Anjaria is hearing the matter.

Khalid and others moved the top court against the Delhi High Court's September 2 order denying them bail. The top court had issued notice to the police on September 22.

The riots occurred in February 2020 following clashes over the then-proposed Citizenship Amendment Act (CAA). As per the Delhi Police, the riots caused the death of 53 persons and injured hundreds.

The present case pertains to allegations that the accused had hatched a larger conspiracy to cause multiple riots. The FIR in this case was registered by a Special Cell of the Delhi Police under various provisions of the Indian Penal Code (IPC) and the UAPA.

Most of the accused were booked in multiple FIRs, leading to multiple bail petitions before different courts. Most have been in custody since 2020.

Khalid was arrested in September 2020 and charged with criminal conspiracy, rioting, unlawful assembly as well as several other offences under the Unlawful Activities Prevention Act (UAPA).

He has been in jail since then.

The trial court had first denied him bail in March 2022. He then approached the High Court, which also denied him relief in October 2022, prompting him to file an appeal before the top court.

In May 2023, the Supreme Court sought the response of the Delhi Police in the matter. His plea before the top court was then adjourned 14 times.

On February 14, 2024, he withdrew his bail plea from the Supreme Court  citing a change in circumstances.

On May 28, the trial court rejected his second bail petition. Appeal against the same was dismissed by the Delhi High Court on September 2, prompting the present plea before the apex court.

Imam too was booked in multiple FIRs across several States, mostly under sedition and UAPA charges.

In the case registered over speeches he gave at Jamia Milia Islamia University and Aligarh Muslim University, he was granted bail by the Delhi High Court last year. In the sedition cases registered in Aligarh and Guwahati, he was granted bail by the Allahabad High Court in 2021 and the Gauhati High Court in 2020, respectively. He was also booked in FIRs in Arunachal Pradesh and Manipur.

The Court had earlier pulled up the Delhi Police for failing to file its response to the bail pleas 

Subsequently, the Delhi Police filed a 389-page affidavit detailing why the accused should not be granted bail.

The Police claimed irrefutable documentary as well as technical evidence that pointed to a conspiracy for a "regime-change operation" and plans to incite nationwide riots on communal lines and kill non-Muslims.

Live updates from hearing here.

Senior Advocate AM Singhvi appears.

Supreme Court: Where is the counter?

ASG: We filed it yesterday.

Singhvi: There in newspapers.

Singhvi: We understand that the matter is coming on Friday and counter on Thursday evening...we know the tactics.

ASG: We only had two days to file.

SC: How much time?

Singhvi: 5 minutes.

ASG Raju: One and half hours.

SC: No no, come at 12:30 pm, we will take it.

Since ASG Raju is arguing another case, Matter to be taken up now at 12:45 pm.

Sr Adv Singhvi: I am in jail since 5 years 5 months from April, 2020. The chargesheet is filed on 16.9.2020. now they make an annual ritual to file a supplementary chargesheet every year.

Singhvi: It has to be decided at a later date if an investigation can be kept ongoing by such supplementary chargesheets.

Singhvi: After matter went back to HC, look at the extraordinary delay from list of dates item 11.

Singhvi: SC says we (Gulfisha Fatima) is entitled to bail on parity.

Singhvi: There has been inordinate delay for even consideration. This is the next point. I am also the only woman in custody now.

Singhvi: Arguments on charge ongoing and charges not framed.

SC: When did it commence?

Singhvi: October 2024. 939 witnesses shown. Merits do not matter here.

Singhvi: Please see the judgment of Javed and Najeeb. Please see the aspect of delay in the case of Javed.

Singhvi: After 2020, bail plea was listed over 90 times. Intention of SC order of November 11 was very very different.

Singhvi: Allegations are we are part of Pinjra Tod female group...then allegations of secret meeting etc. Devangana and Natasha also gets bail.

Singhvi: The allegation against me is that I set up protest site. No act of violence at any of those sites. No documentary or oral evidence of anyone carrying chilli powder, acid etc at any of the sites where I was present.

Singhvi: Then money from Tahir Hussain becomes terror funding. How much...by where...no evidence. Some link has to be shown to connect me with Tahir Hussain.

Singhvi: I am not a member of Pinjra Tod. Two others who were part of it have got bail. It took them one year to explain if the probe qua the chargesheet was over or not. It needs some evidence.

Singhvi: I am the only female in this case now. Being subjected to 437 CrPC. There were two other Jaffrabad FIRs also.

Senior Advocate Kapil Sibal for Umar Khalid: They say it is me who is taking time and delaying the case, whereas the facts say otherwise. Charge against me is conspiracy. There are 751 FIRs...petitioner was not even in Delhi when the riots took place. If I am not there how can the riots be connected to it? Out of 751 FIRs, I was made party to only one.

Sibal refers to cases such as Najeeb and one from Karnataka.

Senior Advocate Siddharth Dave appears for Sharjeel Imam: Prosecution took 3 years to complete the probe. 3 years. Trial could not progress because they said probe was on. So out of 5, 3 years go away.

Dave: I am in custody because first supplementary chargesheet is filed against me. There is no delay by me till 2024.

Dave: Petitioner has been in continuous custody since January 25, 2020...almost 5 years 2 months. I had given speeches in December and January. The present FIR is of March 2020 and for these two months also I was in custody.

Dave: I have mentioned reasons for the dismissal of the impugned order. It is alleged that speeches were given to cause mass mobilisation of Muslims. If I am in custody since Jan, what role will I play in orchestrating these riots? So at best, this FIR is for giving some speeches.

Dave: How many FIRs will I face for these speeches? There are FIRs in Nagaland etc also.

SC: What is the nature of speech?

Dave: That I called for chakka jam. Like you call for blockade...for the protest against the Citizenship Amendment Bill.

SC: He is from?

Dave: He is from Jehanabad, Bihar, from where he was arrested. See the speeches. I abhor violence. No calling out for violence at all, only peaceful protests.

Justice Aravind Kumar: List this on Monday, first matter

ASG: May I request Tuesday?

Justice Kumar: No no, we want it fresh. Ask your colleagues to be there. We will see.