The Supreme Court on Wednesday (10th December) heard the bail pleas of the 2020 Delhi Anti-Hindu riots conspiracy accused Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, Shadab Ahmed and Mohd Saleem Khan.
During the hearing of the bail plea, a bench of Justices Aravind Kumar and NV Anjaria questioned Additional Solicitor General S V Raju, who was opposing the bail pleas, as to why Section 15 of the Unlawful Activities Prevention Act (UAPA), which relates to terrorist acts, was invoked against the accused Umar Khalid and Sharjeel Imam and not Section 13 (unlawful activities) and Section 18 (conspiracy) as contended by Senior Advocate Siddharth Dave.
Responding to the court’s question, the ASG explained that the riots in the national capital were carried out based on a conspiracy hatched by the accused. He added that whatever was said by the accused in their provocative speeches was implemented during the riots. The ASG pointed out a part of Imam’s speech wherein he talked about blocking Chicken’s Neck and said that it was a clear attack on the integrity and security of the country and was, therefore, a fit case for invoking Section 15.
Conspiracy of the Delhi riots began much before: ASG Raju
Drawing the court’s attention to how the speeches of the accused were a key part and evidence of the entire conspiracy, ASG Raju produced a 2016 FIR filed against Umar Khalid for raising the slogans of Bharat tere tukde honge in JNU. When the court questioned the relevance of quoting the 2016 FIR in the context of the 2020 Delhi riots, the ASG said that the conspiracy for the riots began much before. “Conspiracy begins before the act. A conspiracy can start even two years before. It happens before the act. As per the protected witness… all instructions came from Umar Khalid. The decisions of the Jamia Coordination Committee (JCC) used to come from Umar Khalid and Nadeem Khan. Umar Khalid was actually present on the ground on the first stage of the protest,” he said. The FIR had been relied upon in the chargesheet filed against the accused in the Delhi riots case.
Speeches give an idea of what was planned: ASG Raju
Justice Kumar further asked ASG Raju how the speeches were connected to what happened during the riots to constitute a terrorist act. To this, the ASG replied that the speeches led to the action. “Speech gives an idea of what was planned. There were meetings,” the ASG stated. “Their speech reveals that economic security would be affected. It is not an unlawful act. It will fall under the purview of a terrorist act. Any act which intends to threaten unity or integrity or economic security or use of bombs…” the ASG added to show how the speeches constituted a terrorist act to attract an offence under the UAPA.
ASG Raju said that once the cognisance of conspiracy is taken, statements of one conspirator can be attributed to others. “(Co-accused) Sharjeel Imam’s speeches can be attributed to Umar Khalid. Sharjeel Imam’s case will be considered as evidence against the others,” he said.
When the Court pointed out that the Delhi Police have not attributed the wielding of arms or explosives to the six accused, which would attract Section 15 of the UAPA, the ASG said, “It is a case of conspiracy. It is not my case that they used petrol bombs. My case is that they are part of the conspiracy to create the situation for the use of petrol bombs. For the use of petrol bombs, there is a separate case against other people. The court reserved its order regarding the bail pleas.
On September 2, 2025, the Delhi High Court had rejected the bail pleas of nine accused in the Delhi riots case. Apart from Umar Khalid and Sharjeel Imam, the nine accused included Gulshifa Fathima, Meeran Haider, Athar Khan, Abdul Khalid Saifi, Mohd Saleem Khan, Shifa-ur-Rehman and Shadab Ahmed. Dismissing the bail pleas, the High Court noted that the riots were not a “regular protest” but a “premeditated, well-orchestrated conspiracy”. Subsequently, the accused approached the Supreme Court seeking bail.
2020 Anti-Hindu Delhi riots
The anti-Hindu Delhi riots of 2020 were a premeditated attack on the Hindu community. The riots were orchestrated under the guise of anti-CAA protests. The violence erupted in Northeast Delhi from 23rd February to 26th February 2020. Fifty-three individuals, including Head Constable Ratan Lal, IB officer Ankit Sharma, and Hindu labourer Dilbar Negi, were killed. Around 200 people were injured. The riots were marked by the destruction of Hindu-owned properties, including homes, shops, and temples. The riots were allegedly meticulously planned to incite communal tensions and challenge India’s sovereignty. Individuals like Umar Khalid, Sharjeel Imam, Tahir Hussain, Gulfisha Fatima, Safoora Zargar, Natasha Narwal, and Devangana Kalita are among the accused in the larger conspiracy case. OpIndia’s detailed coverage of the riots can be checked here.
