Bail Applications in the Delhi Riots ‘Larger Conspiracy’ Case
Umar Khalid & Ors. v State (NCT of Delhi)
The Supreme Court will decide the bail pleas of Umar Khalid, Sharjeel Imam and others accused under the UAPA in the Delhi riots ‘larger conspiracy’ case
Pending
Parties
Petitioner: Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Khalid Saifi, Shadab Ahmed and others
Lawyers: Senior Advocates Kapil Sibal, Abhishek Manu Singhvi, Siddharth Dave, Salman Khurshid, Siddharth Luthra; Advocate Gautam Khazanchi
Respondent : State (NCT of Delhi)
Lawyers: Solicitor General Tushar Mehta; Additional Solicitor General S.V. Raju
Case Details
Case Number: SLP (Crl) No. 014165 / 2025
Next Hearing:
Last Updated: December 17, 2025
Key Issues
- Whether prolonged pre-trial detention under the UAPA can be a ground for bail?
- Whether protest speeches, public meetings, and WhatsApp group membership can constitute a terrorist conspiracy under Sections 16–18 UAPA?
- Whether years of incarceration without trial violate the right to personal liberty under Article 21?
- Whether repeated supplementary charge-sheets and delays in framing charges can justify continued custody?
Case Description
The arrest
On 13 September 2020, Umar Khalid, a former student of the Jawaharlal Nehru University, was arrested by the Delhi police in connection to the February 2020 Delhi Riots. The case originates from FIR 59/2020 which alleges that several activists and students, including Umar Khalid, Sharjeel Imam, Gulfisha Fatima and others, planned and coordinated protests against the Citizenship (Amendment) Act, 2019, which allegedly escalated into violence in North-East Delhi.
Khalid was charged under various provisions of the Indian Penal Code, 1860 for rioting (Sections 147 and 148), unlawful assembly (Section 142), murder (Section 302), sedition (Section 124A) and promotion of enmity (Section 153A). He was also charged for unlawful and terrorist activities and conspiracy under Sections 13, 16, 17 and 18 of the Unlawful Activities (Prevention) Act, 1967. He was charged under Sections 25 and 27 of the Arms Act, 1959 for alleged use of arms
In March 2022, the Karkardooma Sessions Court rejected his bail plea, holding that the materials presented established a prima facie case of conspiracy. Khalid appealed this decision before the Delhi High Court which upheld the trial court’s view and denied him bail on 18 October 2022.
Supreme Court: First round
On 6 April 2023, Khalid approached the Supreme Court appealing against the High Court’s judgement. A bench of Justices A.S. Bopanna and Hima Kohli issued notice to the Delhi police and posted the matter for hearing after the Court’s summer vacation break.
On 12 July 2023, the matter was taken up by a Bench of Justices Bopanna and M.M. Sundresh. The Delhi Police sought extra time to prepare arguments. The case was listed for 24 July 2023 before a Bench of Justices Bopanna and Bela M. Trivedi, where the matter was adjourned by a week at the request of Khalid’s counsel.
The petition was taken up on 9 August 2023 by a Bench of Justices Bopanna and P.K. Mishra. Justice Mishra recused from hearing the petition. The case was listed for hearing on 17 August 2023.
On 5 September 2023, the plea was adjourned by a Bench of Justices Trivedi and Dipankar Datta due to the unavailability of Senior Advocate Kapil Sibal who was arguing in a Constitution Bench.
The plea was subsequently adjourned on two occasions in September and October 2023 by a bench of Justices Aniruddha Bose and Trivedi due to the paucity of time and other factors. The case was adjourned multiple times in January and February 2024 due to the unavailability of counsel and the Bench which was occupied with Constitution Bench matters that were listed at the time.
At the District Court: Second round
On 14 February 2024, Sibal informed that Khalid would be withdrawing the petition and will approach the Shahdara Sessions Court.
On 28 May 2024 the Sessions Court dismissed his plea, finding no change in circumstances. He approached the Delhi High Court appealing against the judgement.
On 2 September 2025, a Delhi High Court Bench of Justices Navin Chawla and Shalinder Kaur rejected bail for Khalid and the co-accused. The Bench described the riots as a “premeditated, well-orchestrated conspiracy,” holding that bail could not rest on delay alone and that “grave” allegations persisted.
At the Supreme Court: Second round
Khalid and others then approached the Supreme Court on 10 September 2025, challenging the Delhi High Court’s refusal of bail.
On 10 December 2025, a Bench of Justices Aravind Kumar and N.V. Anjaria reserved judgement in the bail applications after 11 days of arguments.