SC Rejects Delhi Police's Plea for Extension, Sets Bail Hearing for Umar Khalid and Others on Friday

New Delhi: The Supreme Court on Monday rejected a request from Delhi Police for an additional two weeks to submit counter-affidavits in response to bail pleas filed by student activists Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, and Shifa Ur Rehman in the alleged larger conspiracy behind the 2020 Delhi riots.

A bench of Justices Aravind Kumar and N.V. Anjaria, stated that sufficient time had already been provided, directed the police to file their responses by Friday and scheduled the hearing for that day.

At the hearing's start, Additional Solicitor General S.V. Raju, representing Delhi Police, sought the extension. Justice Kumar responded firmly, stating, "We have already granted ample time. This is not the first instance; we explicitly mentioned in open court last time that the matter would be taken up on October 27 and disposed of accordingly." He further questioned the necessity of a detailed counter-affidavit in a bail application, adding, "What exactly requires a counter-affidavit here?"

Despite Raju's pleas for two weeks or even one week, the bench refused, insisting on prompt compliance. Senior Advocate Kapil Sibal, appearing for Umar Khalid, pointed out that the petitioners had been incarcerated for more than five years. Senior Advocate A.M. Singhvi, representing Fatima, argued that the case centred on prolonged trial delays, urging no further postponement.

Also Read: NPP Deputy CM Declares Congress Finished in Meghalaya Politics

The bench ultimately listed the matter for October 31, while subtly encouraging the ASG to explore concessions based on the extended detention. Justice Kumar remarked, "Examine if you can propose something... after all, it's a bail matter, and they have served over five years." Raju responded cautiously, "I'll review it, but appearances can sometimes be misleading." Sibal praised Raju for his reputation for taking fair positions.

The pleas challenge a September 2 judgment by the Delhi High Court, which denied bail to the petitioners in FIR 59 of 2020, registered by the Delhi Police's Special Cell. The High Court bench of Justices Naveen Chawla and Shalinder Kaur rejected their applications under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code for their alleged roles in orchestrating the communal violence in northeast Delhi during the last week of February 2020.

Also Read: Assam: Three, including doctor, die after road accident in Morigaon

The case stems from anti-Citizenship Amendment Act (CAA) protests in 2019-2020, where the accused—prominent student leaders—are charged with masterminding the unrest. Other co-accused include Tahir Hussain, Khalid Saifi, Isharat Jahan, Asif Iqbal Tanha (bailed in 2021), Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar (bailed on humanitarian grounds due to pregnancy), Faizan Khan, Devangana Kalita (bailed), and Natasha Narwal (bailed).

Earlier proceedings faced delays: On September 19, Justice Manmohan recused himself due to prior association with Sibal's chamber. The matter was first listed on September 12 but adjourned due to late file receipt, and notices were issued on September 22, with the hearing deferred to October 27.

The petitioners have remained in custody since their arrests, exceeding five years, amid ongoing trial delays. Senior advocates, including Siddharth Dave (for Imam) and Siddharth Agarwal, also represented the applicants.