Delhi riots case: Accused cite long custody; top court to hear police on Monday

The Supreme Court on Thursday concluded hearing arguments by several accused in the 2020 Delhi riots larger conspiracy case – including Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, and others – who are seeking bail after years in custody. The matter will now be heard next Monday, when the prosecution, represented by the Delhi Police, is scheduled to present its arguments.

During the day-long hearing, defence lawyers questioned the delays in investigation, prolonged incarceration, and absence of evidence directly linking their clients to the violence.

Senior advocate Kapil Sibal, appearing for Umar Khalid, argued that out of over 750 FIRs filed in connection with the riots, Khalid is named only in one case registered by the Delhi Police’s Special Cell. He said Khalid had already been discharged or granted bail in all other cases, and no material connects him to any violent act.

“He was not even in Delhi during the riots. There are no weapons, no eyewitnesses, and no evidence showing incitement,” Sibal said, adding that Khalid’s February 2020 speech cited by the prosecution did not provoke violence.

Senior advocate Salman Khurshid, representing Shifa-ur-Rehman, said dissent could not be treated as a criminal act. He argued there was no allegation of violence or organisational role against Rehman, and that his alleged involvement was based on minimal digital references. “He was not part of any protest group, made no speeches, and faces only two statements against him. No offence under UAPA is made out,” Khurshid submitted.

Senior advocate Siddharth Dave, appearing for Sharjeel Imam, pointed to extensive prosecution delays. He noted that while the FIR was filed in March 2020, the last supplementary chargesheet came only in June 2023. Imam, in custody since August 2020, remains jailed even though the investigation was declared complete only in 2024.

“The trial could not begin for over three years. He was already behind bars during the riots and is accused only of delivering speeches advocating peaceful protest,” Dave said.

Senior advocate AM Singhvi, representing Gulfisha Fatima, cited more than five years of incarceration and repeated filing of supplementary chargesheets as causing “indefinite delay” in the trial. Senior advocate Sidharth Luthra, appearing for Shadab Ahmad, raised similar concerns and noted that his client already holds bail in a related case.

The Delhi Police, in its affidavit before the court, has alleged that the riots were the result of a planned “regime-change operation” aimed at destabilising India and tarnishing its global image. The agency claims to have collected witness statements, documents, and technical evidence linking the accused to what it describes as a “deep-rooted conspiracy engineered on communal lines.”

- Ends

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