New Delhi: The Supreme Court of India is scheduled to hear today (October 31, 2025) the appeals filed by student activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and others challenging the Delhi High Court's denial of bail in the larger conspiracy case related to the 2020 North-East Delhi riots. The bench comprising Justices Aravind Kumar and N.V. Anjaria will take up the matter at 12:30 PM IST.
Background of the Case
The accused, including former Jawaharlal Nehru University (JNU) scholar Umar Khalid, activist Sharjeel Imam, Meeran Haider, and Shifa-ur-Rehman, have been in judicial custody for over five years under the stringent Unlawful Activities (Prevention) Act (UAPA) and provisions of the Indian Penal Code (IPC). They are alleged to be "masterminds" behind a conspiracy to incite communal riots and armed rebellion during then-US President Donald Trump's visit to India in February 2020, which resulted in 53 deaths and over 700 injuries.On September 2, 2025, a Delhi High Court bench of Justices Navin Chawla and Shalinder Kaur rejected bail for nine accused, including the appellants, stating their roles were "prima facie grave" and involved inflammatory speeches to provoke violence under the guise of protests. Also Read; Emotional Triumph: Jemimah, Harmanpreet in Tears After Historic Win Over Australia!
The court emphasized that "conspiratorial violence" cannot be tolerated.Recent DevelopmentsOctober 27 Hearing: The Supreme Court expressed strong displeasure over the Delhi Police's repeated failure to file counter-affidavits despite multiple adjournments.
The hearing was deferred to today to allow the police one final opportunity.
Delhi Police's Stance: In a fresh affidavit filed on October 30, the Delhi Police accused the petitioners of "playing the victim card" by citing delays in trial as grounds for bail. They alleged the riots were part of a "regime change operation" orchestrated by the accused. Specific claims include:Sharjeel Imam's role in the "first phase" of riots, evidenced by his chats.
Umar Khalid's "secret meeting" in Seelampur in January 2020, where he reportedly instructed co-accused (including Gulfisha Fatima) to stockpile weapons like knives, acid, and stones to engineer riots.
The police argued that granting bail would undermine the investigation and public safety. Legal Arguments from PetitionersSenior advocates representing the accused—Kapil Sibal for Umar Khalid and Abhishek Manu Singhvi for Sharjeel Imam—have highlighted:Prolonged Detention: Over five years in jail without chargesheet framing or trial commencement, violating Article 21 (right to life and liberty) of the Constitution.
Lack of Evidence: No direct physical evidence linking them to violence; allegations based on speeches at anti-CAA protests, which are protected under free speech.
Precedent: Citing recent Supreme Court rulings in similar UAPA cases (e.g., Bhima Koregaon), they seek bail on grounds of parity and undue hardship.
Umar Khalid, in a prior court submission, claimed he was "singled out" while those with "bigger roles" were not charged.