6 months ago
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The Supreme Court connected Monday (October 27, 2025) expressed displeasure implicit the Delhi Police’s nonaccomplishment to record counter-affidavits to the bail pleas of activists Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, and Shifa-ur-Rehman successful the larger conspiracy lawsuit linked to the 2020 Delhi riots.
Additional Solicitor-General S.V. Raju, appearing for the Delhi Police, sought 2 much weeks to record the counter-affidavit, stating that helium was appearing successful the substance for the archetypal clip and was unaware of the earlier proceedings.
Declining the request, a Bench of Justices Aravind Kumar and N.V. Anjaria observed that the constabulary had already been granted ample opportunity. “You whitethorn beryllium appearing for the archetypal time, but we person granted capable time. Last time, we remember, we said contented notice. Then we said successful unfastened tribunal that we would perceive this substance connected October 27 and dispose it off,” the Bench told Mr. Raju.
When the instrumentality serviceman pressed for a week’s clip instead, the tribunal questioned the necessity of a counter-affidavit successful bail proceedings. “Strictly speaking, successful bail matters, determination is nary question of filing a antagonistic astatine all,” Justice Kumar remarked.
The Bench yet allowed clip till Thursday and listed the substance for further proceeding connected Friday (October 31). Justice Kumar directed Mr. Raju to beryllium acceptable with instructions by then. “Please guarantee you get due instructions from your colleagues. You whitethorn record the counter, but we volition not assistance you 2 weeks,” helium said.
‘See if thing tin beryllium done’
During the hearing, elder advocates Kapil Sibal, Abhishek Manu Singhvi, Siddharth Dave, and Siddharth Agarwal, appearing for the accused, highlighted that their clients had spent astir 5 years successful custody portion the proceedings had been progressing astatine a snail’s pace.
“The full lawsuit is astir the hold successful the trial. There should not beryllium further hold successful the hearing,” Mr. Singhvi submitted.
Accordingly, the Bench nudged the Delhi Police to see granting bail connected concession, particularly successful presumption of the prolonged incarceration and the hold successful the trial. “See if thing tin beryllium done. This is lone astir the information of bail, 5 years are already over,” Justice Kumar told Mr. Raju.
Mr. Raju, however, refrained from making immoderate commitment. “Let maine person a look astatine it. Sometimes, appearances tin beryllium deceptive,” helium remarked, prompting the Bench to clarify that it was not delving into the merits of the case. “We are not saying we person work it threadbare. After all, it is simply a substance of bail,” the Bench observed.
The tribunal had antecedently been incapable to perceive the substance connected 2 occasions. On September 12, the proceeding was postponed arsenic the voluminous lawsuit records reached the Bench excessively precocious for perusal. A week later, connected September 19, Justice Manmohan, who was past connected the Bench, recused himself owing to his anterior nonrecreational relation with Mr. Sibal. The substance was thereafter re-listed earlier the contiguous Bench comprising Justices Aravind Kumar and N.V. Anjaria.
The accused are among 9 persons whose bail pleas were rejected by the Delhi High Court connected September 2. A Division Bench of Justices Navin Chawla and Shalinder Kaur had held that the accused played “prima facie grave” roles successful the conspiracy.
The accused look charges nether the Unlawful Activities (Prevention) Act and the Indian Penal Code. The Delhi Police person alleged that the activists were the “intellectual architects” of the violence, which near 53 radical dormant and implicit 700 injured successful February 2020, during protests against the Citizenship (Amendment) Act and the projected National Register of Citizens.
“If the workout of an unfettered close to protestation were permitted, it would harm the law model and impinge upon instrumentality and order. Conspiratorial unit nether the garb of protests cannot beryllium permitted”, the High Court had said successful its 133-page verdict. It had besides observed that the riots were “deliberately timed” to coincide with the sojourn of past U.S. President Donald Trump, and truthful could not beryllium “lightly brushed aside.”
Mr. Imam, the archetypal to determination the Supreme Court, has argued that much than 5 years of pre-trial incarceration amounts to punishment without trial. Mr. Khalid, arrested connected September 13, 2020, has likewise urged the tribunal to see his prolonged detention, noting that the proceedings remains acold from decision with dozens of witnesses inactive to beryllium examined.
The accused person besides sought parity with chap activists Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha, who were granted bail successful June 2021. The High Court, however, distinguished their cases, noting that portion the close to protestation is constitutionally protected, the alleged conspiratorial unit attributed to Imam and Khalid was prima facie of a much superior nature.
