Delhi HC rejects Shifa-ur-Rehman’s ‘sole breadwinner’ plea for bail, says misuse of position, funds & role in conspiracy too grave

The Delhi High Court on Tuesday dismissed the bail plea of Shifa-ur-Rehman, accused in the Delhi riots larger conspiracy case and President of the Alumni Association of Jamia Millia Islamia (AAJMI).

Dismissing his argument that he should be released as the sole breadwinner of his family, the Court held that his misuse of position, handling of funds, and alleged role in the 2020 conspiracy were too grave to ignore.

A Bench of Justices Navin Chawla and Shalinder Kaur was hearing Rehman’s appeal challenging the trial court’s order denying him bail.

According to the prosecution, Rehman misused his position as AAJMI president and financed the riots to the tune of Rs 8.90 lakh. Fake bills of expenses were allegedly generated in the name of AAJMI to conceal the real expenditure. These bills were recovered from the AAJMI office on April 28, 2020, at Rehman’s instance, revealing that AAJMI had received around Rs 7–8 lakh in cash. It was further alleged that he collected and distributed money to engage women and children in protests so that police would refrain from using force.

The Court recorded, “We have perused the aforesaid statements, and the material placed on record. It is the case of the prosecution that the Appellants played the role assigned to them in furtherance of the alleged larger conspiracy, who were managing various protest sites across Delhi and had allegedly attended various meetings of the JCC at the AAJMI Office and other venues.”

The Special Public Prosecutor argued that the funds were intended to aid riots and sustain the fight against CAA/NRC, adding that fake bills were generated to adjust the money used in furtherance of the conspiracy.

Rehman’s counsel, however, contended that the threshold requirement of a “terrorist act” or “conspiracy” under the UAPA had not been met, and highlighted that charges had not yet been framed, no weapons were recovered, and he had already undergone prolonged incarceration.

It was also argued that he is the sole earning member of a family comprising his elderly mother, disabled brother, two unmarried sisters, wife, and two young children. His indefinite custody, it was urged, was causing irreparable harm to his family. Bail was also sought on the ground of parity with co-accused Asif Iqbal Tanha, Devangana Kalita, and Natasha Narwal.

Rejecting these submissions, the Court observed,“In our view, the possibility of misuse of position by the Appellant Shifa-ur-Rehman, being the President of AAJMI, cannot be ruled out at this stage. More so, when certain bills were allegedly recovered by the prosecution from the AAJMI’s office. It is further alleged that the said organisation had received a total amount of Rs. 7–8 lakhs in cash. The Appellants are stated to have been in charge of more than eight protest sites in Delhi NCR. Appellant Meeran Haider is also alleged to have spent Rs. 2.33 lakhs on riots and protest sites.”

Court added that prima facie, Rehman and co-accused Meeran Haider appeared to be working closely together, and the allegations of funding were a serious factor that could not be brushed aside at this stage.

On the plea of parity, the Bench said,“We are of the view that the position and role of the present Appellants in the alleged conspiracy is placed differently than the co-accused persons in the entire sequence of events, allegedly being among the fundraisers in the conspiracy.”

Besides Shifa-ur-Rehman, there are nearly seventeen accused in the case. Delhi Police’s Special Cell had registered FIR 59 of 2020, naming several individuals, including Umar Khalid, Sharjeel Imam, Tahir Hussain, Khalid Saifi, Ishrat Jahan, Meeran Haider, and Gulfisha Fatima.

The accused have been charged under stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) as well as sections of the Indian Penal Code relating to criminal conspiracy, promoting enmity, rioting, and murder.

The case stems from the violence that erupted in Northeast Delhi in 2020 during protests against the Citizenship Amendment Act (CAA). The clashes between supporters and opponents of the Act led to large-scale incidents of stone-pelting, arson, and violence, leaving 53 people dead and injuring thousands.

Parallelly, proceedings continue before the trial court, which is currently at the stage of arguments on the charge. According to the prosecution, the violence that engulfed the capital was not a spontaneous outburst but a pre-planned conspiracy aimed at destabilising the government during a politically sensitive period.

The state alleges that Umar Khalid and Sharjeel Imam were among the main conspirators behind the riots. The accused, however, deny these charges, asserting that they were merely exercising their democratic right to dissent.

Case Title: Sharjeel Imam vs State and other connected matters.

Date: 2 September 2025

Bench: Justices Navin Chawla and Shalinder Kaur