Institute of Legal and Management Studies

The Supreme Court today (October 27) declined Delhi Police's request for two weeks' time to file counter-affidavits to the petitions filed by Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima and Shifa Ur Rehman seeking bail in the Delhi riots larger conspiracy case.

Asserting that enough time has already been granted, the bench comprising Justice Aravind Kumar and Justice NV Anjaria posted the matter to Friday for hearing, asking the Delhi Police to file the counter affidavit in the meantime.

At the outset, Additional Solicitor General SV Raju, for the Delhi Police, sought time to file a counter-affidavit.

"We have given you enough time. You may be appearing for first time. Last time we said issue notice and we said in that open court that we will hear this matter on October 27th and will dispose it off," Justice Kumar said.

Justice Kumar further asked, "What is the question a counter-affidavit in a bail matter?" When the ASG sought two weeks' time to file the counter, Justice Kumar said, "You file counter. But, we will not give you two weeks." When ASG asked for one week, the bench was still reluctant.

Senior Advocate Kapil Sibal for Umar Khalid highlighted that the petitioners have been behind the bars for over 5 years. Senior Advocate AM Singhvi said that the whole case is about the delay in trial and there should not be further delay in the hearing.

Ultimately, the bench agreed to post the matter on Friday. "See also Mr. Raju, examine if you can think of coming out with something....," Justice Kumar asked, implicitly suggesting to consider if bail could be granted on concession on the ground of delay.

"Let me have a look at it, but sometimes appearances can be deceptive", ASG replied. "We are not saying we have read thread-bare, after all, it is a matter of bail...5 years they have completed," Justice Kumar said. Sibal said that ASG Raju is known for taking fair stands.

Senior Advocates Kapil Sibal(for Khalid), AM Singhvi(Fatima), Siddharth Dave(for Imam), Siddharth Agarwal etc appeared for the petitioners.

The petitions have been filed against the Delhi High Court's judgment delivered on September 2, dismissing their bail applications. A division bench comprising Justice Naveen Chawla and Justice Shalinder Kaur had pronounced the judgment in FIR 59 of 2020, registered by Delhi Police's Special Cell.

On September 19, the matter was placed before a bench comprising Justice Kumar and Justice Manmohan, but the latter recused as he was earlier an associate with the chamber of Kapil Sibal. Before that, the Court could not hear the matter on September 12, when the matter was first listed, as the bench had received the files late. On September 22, the bench issued notice on the petitions and posted the matters for hearing on October 27.

The petitioners, who were student activists in the forefront of organising anti-Citizenship Amendment Act protests in 2019-2020, are facing charges under the Unlawful Activities Prevention Act and the Indian Penal Code for allegedly formulating the "larger conspiracy" behind the communal riots which took place in the national capital in the last week of February 2020.

The accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha(granted bail in 2021), Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar(granted bail on humanitarian grounds as she was pregnant when arrested), Sharjeel Imam, Faizan Khan, Devangana Kalita (granted bail) and Natasha Narwal(granted bail).

September 2 judgment denied bail to Umar Khalid, Sharjeel Imam, Athar Khan, Khalid Saifi, Mohd Saleem Khan, Shifa ur Rehman, Meeran Haider, Gulfisha Fatima and Shadab Ahmed. The petitioners have been in custody for over five years.

Case Details:

1. UMAR KHALID v. STATE OF NCT OF DELHI|SLP(Crl) No. 14165/2025

2. GULFISHA FATIMA v STATE (GOVT. OF NCT OF DELHI )|SLP(Crl) No. 13988/2025

3. SHARJEEL IMAM v THE STATE NCT OF DELHI|SLP(Crl) No. 14030/2025

4. MEERAN HAIDER v. THE STATE NCT OF DELHI | SLP(Crl) No./14132/2025

5. SHIFA UR REHMAN v STATE OF NATIONAL CAPITAL TERRITORY|SLP(Crl) No. 14859/2025