Umar Khalid and Sharjeel Imam Seek Bail from Supreme Court in Delhi Riots Case

Umar Khalid and Sharjeel Imam, key figures in the 2020 Delhi riots case, have filed a bail application with the Supreme Court, arguing that the prolonged wait for witness testimonies is unjust. They highlight that the one-year stay imposed by the court is nearing its end, yet no progress has been made in the case. The duo has been in custody for six years, and their legal team emphasizes the need for a fair trial. As the case unfolds, the implications of conflicting court rulings on their bail applications add another layer of complexity to this high-profile legal battle.

By Narendra Chaudhary Nov 5, 2026, 20:53 IST

Supreme Court Appeal by Key Accused

In New Delhi, Umar Khalid, a former student of Jawaharlal Nehru University, along with student activist Sharjeel Imam, has approached the Supreme Court seeking regular bail related to the 2020 Delhi riots case. They argue that the one-year stay imposed by the court on January 5 is nearing its end, yet there seems to be no likelihood of completing the testimonies of protected witnesses before January 5, 2027.

Legal Arguments Presented

The petitions filed on Wednesday reference a previous Supreme Court order that denied them bail but allowed them to renew their request once the testimonies of protected witnesses are completed or the one-year period expires, whichever comes first. At that time, the court had separated their cases from five other co-accused, deeming their roles more serious.

The court had stated, "We believe that the appellants will be free to renew their bail application before the regional court upon completion of the testimonies of the protected witnesses or after the expiration of one year from the date of this order, whichever occurs first."

Previous Court Decisions

Following this, both accused approached the Delhi High Court, which dismissed their bail applications on September 30, citing the one-year stay established by the Supreme Court. The bench, comprising Justices Pratibha M Singh and Dinesh Bhatt, noted that amending the Supreme Court's order was not feasible. Challenging this decision, they argued that they have been incarcerated for six years without the prosecution recording statements from any of the over 900 witnesses in the case. According to the prosecution, there are a total of 47 protected witnesses.

Current Status of the Case

The accused informed the Supreme Court that the case concerning the Delhi riots is currently at the stage of arguments on charges. They claimed that the arguments regarding the charges were concluded on July 13, but the trial court has halted proceedings as the judge awaits a Supreme Court decision related to another co-accused's petition concerning unreleased documents. The Supreme Court reserved its judgment on this matter on September 1.

Concerns Over Prolonged Detention

The petitioners contended that, based on any fair assessment, there is little hope for the testimonies of protected witnesses to commence or conclude before or after January 5, 2027. In such a scenario, their continued detention becomes not just procedural but also unjust and punitive due to undue delays.

Contradictory Court Rulings

Additionally, the accused highlighted a recent development following the January 5 order. Another bench of the Supreme Court questioned the January 5 ruling in a separate case related to bail under the Unlawful Activities Prevention Act (UAPA), stating that excessive delays in trials entitle the accused to bail. The January 5 decision was made by Justices Arvind Kumar and NV Anjaria, while the May 18 ruling was delivered by Justices BV Nagarathna and Ujjwal Bhuiyan. Given the conflicting judgments, Justice Kumar's bench referred the legal question concerning the bail applications of two other accused—Taseem Ahmed and Abdul Khalid Saifi—to a larger bench.

Overview of the Accused

The case involving the Delhi riots has a total of 18 accused. While Umar Khalid and Sharjeel Imam remain in custody, others, including Gulfisha Fatima, Meeran Haider, Shifa Ur Rahman, Mohammad Saleem Khan, and Shadab Ahmed, have been granted bail under the January 5 order. The Delhi Police has invoked stringent sections of the UAPA and the Indian Penal Code (IPC) against the accused. Currently, only five out of the 18 accused are in jail.

Background of the Case

It is noteworthy that this case is linked to the violence that erupted during protests against the Citizenship Amendment Act (CAA) on February 24, 2020, coinciding with the visit of the then U.S. President to India. The police allege that this conspiracy was orchestrated to attract international media attention. Umar Khalid was arrested by the Delhi Police on September 13, 2020, and has been in custody since, while Imam was initially arrested in January 2020 for inciting speeches and was formally charged in the Delhi riots case on August 25, 2020.