2020 Delhi Riots: SC to Hear Bail Pleas of Umar Khalid, Sharjeel Imam & Others on Sept 19

The Supreme Court on Friday said it will hear on September 19 the bail pleas filed by UAPA accused, Umar Khalid, Sharjeel Imam, Gulfisha Fatima and Meeran Haider, all accused under the Unlawful Activities (Prevention) Act (UAPA) in connection with the 2020 Delhi riots conspiracy case.

The Bench of Justice Aravind Kumar and Justice N.V. Anjaria took up the matter briefly.

The Court clarified at the outset that except for passover matters, no other hearings would be taken up as the Bench was scheduled to rise shortly.

Senior Advocate Abhishek Manu Singhvi, appearing for Gulfisha Fatima, urged the Bench to fix the matter for the earliest possible date. “My lords may take it up on the shortest day possible,” he submitted.

Justice Aravind Kumar inquired whether the case was part of the regular list or the supplementary list, noting that the supplementary list had been circulated only at 2:30 am the previous night.

Singhvi clarified that it was a fresh matter and expressed no objection to its listing the following Friday or any other early date convenient to the Court.

Senior Advocates Kapil Sibal and Siddharth Agarwal, also representing other accused in the case, informed the Bench that there were four connected matters, all arising from the same judgment of the Delhi High Court that had earlier denied bail.

Taking note of the submissions, the Court directed that the batch of petitions be listed for hearing on September 19.

All the four UAPA Accused have filed a Special Leave petition (SLP) before the Apex Court challenging the Delhi High Court's September 2, order denying bail to them.

The High Court had held “violence in the name of protest is not free speech” as it dismissed the bail pleas of Umar Khalid, Sharjeel Imam, and seven others. A Division Bench of the High Court, in a detailed 133-page verdict had said,
“Any conspiratorial violence under the garb of protests or demonstrations by the citizens cannot be permitted. Such actions must be regulated and checked by the State Machinery, as they do not fall within the ambit of the Freedom of Speech, Expression, and Association.” It had held that the role of Sharjeel Imam and Umar Khalid is prima facie grave in the entire conspiracy, noting that they had delivered inflammatory speeches on communal lines to instigate a mass mobilization of members of the Muslim community. The plea of parity with co-accused was also rejected. The judges had said that although others were present in conspiratorial meetings and WhatsApp groups, their role was “limited when juxtaposed with these Appellants.”

Notably on July 9, 2025, the High Court had reserved its verdict after briefly hearing submissions from the prosecution as well as from counsels representing the accused persons, namely Umar Khalid, Sharjeel Imam, Mohd. Saleem Khan, Shifa-ur-Rehman, Athar Khan, Khalid Saifi, Gulfisha Fatima, Meeran Haider, and Shadab.

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.

Imam’s bail plea, had been rejected by ASJ Sameer Bajpai on February 11, 2022, observing that his speeches were intended to create “public disorder” and “incitement to violence” while also appearing to challenge the territorial integrity and sovereignty of India. The Supreme Court had more recently refused to entertain Imam’s Article 32 petition, noting that he could not have approached the top court while his bail plea was pending before the High Court.

Previously, the Supreme Court had also refused to entertain an Article 32 petition filed by Fatima who had submitted before Court that she had been in jail for 4 years while her bail application has been pending for last 2 and a half years. As per the ASJ Amitabh Rawat's order of March 17, 2022 whereby it had rejected Gulfisha’s bail, Court had found that Gulfisha was present in North East Delhi at the time of the riots and as per witness statements, she was the one who started the blockade and prompted an attack on police personnel and others with weapons like dande, Lal-mirch powder and others in Jafrabad area which had a "cascading effect leading to riots". As per the trial court's order, Gulfisha was also present at a midnight secret meeting on 16/17.02.2020 at Chand Bagh for chakkajam. She was also involved in the incident of 22.02.2020 at Jafrabad Metro Station.

Details of Arrest and Charges against each of the accused:

1. Umar Khalid: He is one of the most prominent accused named in FIR 59/2020. The charges allege he was a central conspirator who, through public addresses and online communications, helped plan and radicalise protests that the police say culminated in the northeast-Delhi violence; he is charged under the UAPA and multiple IPC and Arms Act provisions.

2. Sharjeel Imam: He was arrested in early 2020 and subsequently placed on the chargesheet in the larger conspiracy case. Police allege his speeches and messages played a role in mobilising protests that, the state says, escalated into organised violence; he is accused under the UAPA and various IPC provisions connected to incitement and conspiracy.

3. Gulfisha Fatima: Arrested 9 April 2020, she was later named in the Delhi Police’s consolidated “larger conspiracy” FIR (commonly referred to as FIR 59/2020). The charges include offences under the Unlawful Activities (Prevention) Act (UAPA) and multiple Indian Penal Code counts linked to rioting, conspiracy and violence; the police also invoke provisions of the Arms Act in related entries.

4. Meeran Haider: Arrested on 1 April 2020, Haider is accused as a mobiliser named in the larger conspiracy FIR. Police allege he organised and directed protest activity that, according to the chargesheet, contributed to planned violence; his name appears under UAPA counts alongside IPC offences related to rioting and public disorder.

Case Title: Gulfisha Fatima v. State of NCT of Delhi and connected matters

Hearing Date: September 12, 2025

Bench: Justice Aravind Kumar and Justice N Anjaria

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