2020 Delhi Riots Case: Court Refuses Bail to Tahir Hussain, Says No Change After SC Relief to Co-Accused

Additional Sessions Judge Sameer Bajpai of the Karkardooma Courts dismissed Hussain’s application filed under Section 480 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The Court noted that Hussain’s previous bail plea had already been rejected on March 30, 2024, after concluding that the allegations against him appeared prima facie true and that the statutory bar under Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA) applied.

The Court observed that while the Supreme Court, in its January 5, 2026 order, granted bail to five co-accused persons, it simultaneously rejected bail pleas of other accused allegedly identified as key conspirators. In these circumstances, the trial court said it could not take a different view on Hussain’s case.

“The most important aspect before the Court now is that this Court has already dismissed the earlier bail application of the applicant… giving finding that the allegations against the applicant are prima-facie true,” the Court noted. It further held that despite the Supreme Court’s order granting relief to certain co-accused, the earlier judicial finding against Hussain continued to operate.

In its order, the Court emphasised that once it had formed an opinion on the existence of a prima facie case, it could not now take a different view merely because some other accused persons had been granted relief. The court also declined bail to co-accused Athar Khan and Saleem Malik in the same case.

The order comes in the backdrop of recent Supreme Court proceedings in the Delhi riots conspiracy case, where bail was granted to five co-accused while being denied to others alleged to have played a more central role. The Supreme Court had drawn a distinction between accused with allegedly “limited” or “ancillary” roles and those accused of involvement in the “larger conspiracy” behind the February 2020 communal violence in Delhi.

The larger conspiracy case arises from violence that broke out in North-East Delhi in the last week of February 2020, leading to significant loss of life and property. The prosecution has alleged that the accused persons, many of whom were associated with anti-Citizenship Amendment Act protests in 2019–2020, were involved in planning and executing a wider conspiracy behind the riots.

The accused persons in the case face charges under provisions of the Unlawful Activities (Prevention) Act (UAPA) as well as various provisions of the Indian Penal Code. The prosecution’s case is that the violence was not spontaneous but part of a coordinated conspiracy. The defence, however, has consistently disputed these allegations, arguing that the accused were being targeted for their role in protests against the Citizenship Amendment Act.

Among those named in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Ishrat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha (who was granted bail earlier), Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar (granted bail on humanitarian grounds), Sharjeel Imam, Faizan Khan, Devangana Kalita (granted bail) and Natasha Narwal (granted bail).

The case has seen staggered bail outcomes over the years. While several accused have secured bail from trial courts, High Courts or the Supreme Court, courts have repeatedly drawn distinctions based on the alleged degree of involvement and the nature of accusations in the conspiracy framework.

With the latest order, Hussain continues to remain in custody in connection with the conspiracy case. Proceedings in the matter are ongoing, with trial stages continuing against multiple accused persons across related FIRs and charge sheets.