The Supreme Court of India will pronounce its verdict on January 5 on the bail pleas filed by former JNU student leader Umar Khalid and several other accused in the February 2020 Delhi riots “larger conspiracy” case. The hearing concluded last month, with the court reserving its judgment after detailed arguments from both sides.
Background of the Case
The appeals arise from a September 2 order of the Delhi High Court, which denied bail to the accused under the Unlawful Activities (Prevention) Act (UAPA). The High Court had held that a conspiracy to commit violent acts under the cover of protest could not be protected as a constitutional right.
The accused include Gulfisha Fatima, Sharjeel Imam, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan, and Shadab Ahmed. They are alleged to be part of a coordinated plan linked to the violence that erupted in North-East Delhi in February 2020 during protests against the Citizenship Amendment Act and the proposed National Register of Citizens. The riots claimed 53 lives and left hundreds injured.
All the appellants have been in custody for over five years, a factor that became central to the arguments before the Supreme Court.
Senior advocates appearing for the accused pressed the issue of prolonged incarceration without trial. One of the counsels asked the bench what “public interest” was served by keeping an undertrial in jail for nearly six years.
Arguing for Umar Khalid, the defence said he was not even present in Delhi when the riots broke out. Referring to a speech delivered in Amaravati, counsel maintained it was a call for peaceful, Gandhian protest. “You can’t turn every protest into a terrorist act,” one senior lawyer submitted during the hearing.
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For Gulfisha Fatima, it was pointed out that she remains the only woman accused in the case still behind bars, despite co-accused with similar allegations having been granted bail earlier. Her repeated bail listings, counsel said, showed how delay had become punishment in itself.
Sharjeel Imam’s counsel argued that his speeches had already been prosecuted in separate cases and, at best, could attract a lesser provision of law. Labelling him an “intellectual terrorist,” the defence said, violated the basic principle that an accused is presumed innocent until proven guilty.
The Delhi Police strongly opposed bail, terming the violence an attack on the nation’s sovereignty. The prosecution played video clips of speeches and relied on digital evidence, WhatsApp groups, call records, and witness statements to argue that the riots were not spontaneous but part of a planned, pan-India conspiracy.
Opening the State’s case earlier, the Solicitor General had submitted that the alleged plan aimed at “regime change” and economic disruption. The police also rejected the argument of delay, claiming that the trial could be completed within two years if the accused did not seek repeated adjournments.
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“The conspiracy must be seen as a whole,” the Additional Solicitor General told the court, arguing that once criminal conspiracy is established, material against one accused can be used against others.
Court’s Observations During Hearing
The Supreme Court heard the matter over several sittings, examining issues of delay, parity with co-accused already on bail, and the threshold for denying bail under the UAPA. The bench reserved judgment in December after concluding arguments from all sides.
Decision Awaited
With the verdict now slated for January 5, the Supreme Court is set to decide whether prolonged custody without trial justifies bail in one of the most closely watched cases arising out of the 2020 Delhi riots. The decision will conclude the present round of bail proceedings before the apex court.
Case Title: Umar Khalid v. State of NCT of Delhi & connected matters
Case No.: SLP (Crl) Nos. 13988–17055 of 2025
Case Type: Bail – Criminal Appeals
Decision Date: January 5, 2026
