The Supreme Court is hearing the bail pleas filed by Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, Shadab Ahmed and Mohd Saleem Khan 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. An 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 Delhi 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.
During the hearing of the matter on November 18, the Delhi Police contended that the six accused persons cannot seek parity with three other co-accused who were granted bail earlier by the Delhi High Court earlier and which was confirmed by the top court.
This was because the Supreme Court had clearly said that the bail order of the three co-accused, Natasha Narwal, Devangna Kalita and Asif Iqbal Tanha, cannot be treated as a precedent.
"The bail orders were not supposed to be used as precedent. That is clear. The law which was enunciated (by the High Court) was not approved by this court (Supreme Court)," Additional Solicitor General (ASG) SV Raju said.
Pertinently, the issue of parity was raised even before by accused like Umar Khalid and was rejected by the Court in his previous bail petitions.
Hence, he cannot raise the same issue by filing repeated bail petitions unless there is some material change in circumstances, it was argued by ASG Raju.
Live updates from today's hearing feature here.
Hearing Starts
ASG SV Raju: I had finished my submissions on parity. I was on the aspect of delay. There was delay even after the high court judgement.
Raju points to the counter affidavit filed by the Delhi police.
He says delay in trial proceedings are attributable to the accused. Highlights orders dated 7.8.25, 12.8.25, 3.9.25, 14.10.25 of the trial court saying adjournments were sought by the accused.
SV Raju: The trial court may be directed to expedite to proceedings. It’s not a ground to grant bail.
Justice Kumar: On what proposition are you relying on the Salim Khan judgement?
SV Raju: On delay. In para 13 it has been held that even if someone is in jail for 5 and a half years it’s not a ground to grant bail.
Justice Kumar: But in that case there was direct evidence
SV Raju: I also have evidence. I shall show to the Court. There’s so much of evidence.
SV Raju: They have not argued on merits. They said they will only confine their arguments to delay. I want to show a video of the speeches made by them.
SV Raju shows Sharjeel Imam’s video.
SV Raju: He’s an engineering graduate. They are not conducting their profession but indulging in anti national activities.
Sharjeel Imam can be heard saying “court ko uski naani yaad aajayegi, court aapka hamdard nahi hai”
SV Raju: These are the inflammatory speeches.
Justice Kumar: These are all part of these chargesheet?
SV Raju: Yes.
Sr. Adv. Siddhartha Dave: This is just a snippet. The entire videos are 3 hour long. This is all for prejudice.
SV Raju: Their entire arguments have collapsed because of the truth. It’s not a simple protest. These are violent protests. They are talking about blockades.
Bench breaks for lunch.
Hearing Resumes
SV Raju: I am not shying away from the fact that I did not show the entire tape because it’s very long. Sharjeel Imam says it’s not an innocuous dharna or protest. He says it is a violent protest and you should separate Assam from India.
Justice Kumar: I don’t think he has used the word violent.
SV Raju: He says you should take laathis etc. he says it’s an issue of 4 countries. Bangladesh, Nepal, etc. he mentions about chicken neck near Arunachal Pradesh. If that 16km land link goes we will be separated from Assam. He says we only require so much force to cover this 16km so Assam is separated. He talks about 370 in Kashmir, trying to provoke Muslims. He maligns the court. He talks about the Babri masjid, triple talaq. The ultimate aim is regime change.
SV Raju: They did not gave sufficient strength/protest during 370, Babri Masjid, triple talaq. They saw an opportunity during CAA bill. To garner support of the Muslims and mislead them. He talks of 500 cities in India. He says we will choke Delhi of the essential supplies. Economic security is also part of the UAPA act. Economically strangle Delhi, Assam. This is the nature of the protest.
SV Raju: It was planned in a way that it will synchronise with the visit of Donald Trump so that it gets attention from international media. Intellectuals when they come terrorists are more dangerous than ground level terrorists. These intellectuals are the real brains. This has been demonstrated in what happened in Lal Qila. (Referring to recent blast near Red Fort in Delhi).
SV Raju: A narrative is built. He’s an intellectual he’s being hounded etc. That’s not the case. Intellectuals are many times more dangerous. See between the lines. The real purpose of the protest was regime change, strangulated the economic welfare, on a pan India basis. CAA protest was just a red herring.
SV Raju: This has resulted in death of 53 persons including a police man who was lynched. An IB officer was also killed. More than 530 people injured. Something on the scheme of what was happening in Bangladesh and Nepal was being done it didn’t work. There is a larger conspiracy which engulfs everything. They say in other cases I have been enlarged on bail. But that’s not the point. Before the conspiracy also they were involved in other cases.
SV Raju: They had various WhatsApp groups for the purpose of this conspiracy. MSJ (Muslim students of JNU) was one of the groups. JCC (Jamia Coordination Committee). They started instigating students of Jamia at Shaheen Bagh.
SV Raju: Their focus was to create such type of protests so that there is a regime change. Please have a look at the WhatsApp chats. It’s part of the charge sheet. Please see the chat of January 2020 in DPSG (Delhi protest support group).
ASG Raju reads “the call for regime change will come in the end”
SV Raju: So the purpose of all this was ultimately regime change.
SV Raju: Umar Khalid was not supposed to give a speech. Permission was not given. He was prohibited. In Amravati. He flouted that condition. Separate FIR has been filed for that. The permission was taken at the misrepresentation that Umar Khalid will not speak on the stage. It was along the same lines, Babri, triple talaq, 370, and NRC.
SV Raju: New York Times carried a story. Because trump was coming to India. Whenever the bail matter comes NY times carries something. Social media does something. Without understanding that they are anti nationals. Under the facade of being intellectuals.
SV Raju (reading from Imam’s speech): “Chakka jaam hi aakhri raasta hai, Dilli toh bas trailer hai..” they said Chakka jaam is the ultimate thing. This was said few days before Trump was about to visit.
Raju then reads the statement of a protected witness.
“Umar Khalid and others came to Jamia campus. He said he will explain the difference bwteeen chakka jaam and dharna. He said to start Chakka jaam in Jamia. The government is a Hindu government against Muslims. We should overthrow the government….”
Justice Kumar: How many protected witnesses do you have?
SV Raju: 47. Out of the 38 have given 164 statements before the magistrate. There are total 151 public witnesses.
Bench rises.
Justice Kumar: It may be taken up after the preliminary work is over. Anytime after 12:30pm.
SV Raju: There is evidence. Whether it is true, reliable is not a matter of consideration now. The fact is there is evidence.
Hearing Ends
Arguments to continue (November 21st, Friday) tomorrow.