SC pulls up Delhi cops for not replying to bail pleas of Khalid, 5 others

The Supreme Court on Monday expressed displeasure over the Delhi Police’s failure to file its response to bail pleas of student activist Umar Khalid and five others arrested under the Unlawful Activities (Prevention) Act 1967 in the larger conspiracy case linked to the 2020 northeast Delhi riots.

A Bench of Justice Aravind Kumar and Justice NV Anjaria, which had on September 22 issued notice to the Delhi Police on the bail pleas, turned down Additional Solicitor General (ASG) SV Raju’s request to grant two weeks to file counter-affidavits to the petitions filed by Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, Shifa Ur-Rehman and Md Saleem Khan.

“We have given you enough time. You may be appearing for the first time. Last time, we issued a notice and said in the open court that we will hear this matter on October 27 and will dispose it of…” the Bench told the ASG, who represented the Delhi Police.

“What is the question of a counter-affidavit in a bail matter? You may file a counter, but we will not give you two weeks,” the Bench said, posting the matter for hearing on Friday. “On Friday, you ensure you have proper instructions...we will hear it,” the Bench added.

The top court asked the ASG to consider if the accused could be granted bail in view of the fact that most of them had already spent five years in custody. “See if you can, Mr Raju...if something can be done...This is only about the consideration of bail. See, five years are over already,” the Bench told Raju.

“Let me have a look at it… But sometimes appearances can be deceptive,” ASG Raju responded.

On behalf of the accused, senior counsel Kapil Sibal and AM Singhvi opposed the ASG’s request for adjournment. “When the matter is about delay, there can’t be more delay,” Singhvi said.

A Delhi High Court Bench led by Justice Naveen Chawla had on September 2 denied them bail, saying “conspiratorial” violence under the garb of demonstrations or protests by citizens couldn’t be allowed.

The bail plea of another co-accused Tasleem Ahmed was dismissed by another Delhi High Court Bench led by Justice Subramonium Prasad.

The accused are facing charges of criminal conspiracy, sedition, promoting enmity between various groups, making statements conducing to public mischief under the IPC and Section 13 of the UAPA, 1967, for allegedly questioning the sovereignty, unity, or territorial integrity of India and causing disaffection against it.

Besides the UAPA, the accused were also booked under certain provisions of the Indian Penal Code for allegedly being the “masterminds” of the “larger conspiracy” behind the February 2020 Delhi riots that claimed 53 lives and left more than 700 injured. The violence had erupted during the protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).

Khalid was arrested in September 2020, while Fatima was arrested on April 9, 2020, and Imam was arrested on January 28, 2020, from Jehanabad in Bihar. Meeran, who was arrested in April 2020, was granted 10-day interim bail in August 2024 on humanitarian grounds. They have been in jail for more than five years.