SC seeks permanent addresses of Umar Khalid, Sharjeel Imam, others during Delhi Riots bail hearing

New Delhi: The Supreme Court on Wednesday directed the six individuals accused in the Delhi riots conspiracy case to provide their permanent residential addresses to the court. The direction was issued by a Bench comprising Justices Aravind Kumar and NV Anjaria while hearing the bail applications of Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, Shadab Ahmed and Mohd Saleem Khan. “Submit the current address of each person,” the Bench stated. “Permanent address? Their current address is jail,” Senior Advocate Siddhartha Dave, representing one of the accused, responded. “The earlier address,” Justice Kumar clarified. “I will ask them to provide it,” Dave replied.

The Court further observed that the arguments in the matter had been prolonged and asked the lawyers involved to shorten their submissions. “You are arguing a bail matter as if this is a second appeal,” the Bench commented. The judges then imposed a cap on the remaining arguments. “Substantial arguments have already been made by both sides. We believe a fixed time schedule is necessary. Oral submissions shall not exceed 15 minutes per side, and the ASG’s clarifications shall be restricted to 30 minutes,” the order stated. The matter was then listed for further hearing on December 9. Khalid and the other accused had approached the Supreme Court after the Delhi High Court denied them bail on September 2. The top court had issued notice to the Delhi Police on September 22. The riots took place in February 2020 amid clashes over the proposed Citizenship Amendment Act (CAA), leading to 53 deaths and injuries to hundreds, according to the police. This case relates to allegations that the accused were part of a broader plot to trigger multiple riots. The FIR was filed by the Special Cell of the Delhi Police under several IPC sections as well as the Unlawful Activities Prevention Act (UAPA). Khalid was arrested in September 2020 and charged with criminal conspiracy, rioting, unlawful assembly and multiple UAPA offences. He has remained in custody since.

Imam, who faces several FIRs across different states largely involving sedition and UAPA charges, has secured bail in other cases but not in the present conspiracy matter. After the Delhi High Court rejected their bail on September 2, the accused moved the Supreme Court. Notice was issued to the police on September 22. In its affidavit opposing bail, the Delhi Police claimed there was strong documentary and technical evidence of a wider conspiracy involving a “regime-change operation” and plans to spark nationwide communal riots targeting non-Muslims. On October 31, the accused informed the Court that they had not incited violence and were merely participating in peaceful protests against the CAA. The police countered this, saying the six cannot compare their case to that of the three accused who were granted bail earlier by the Delhi High Court. On November 18, Solicitor General Tushar Mehta, representing the police, argued that the riots were orchestrated in advance and were not accidental. He said the speeches made by the accused were intended to create communal division. On November 20, ASG SV Raju submitted that the delays in trial were due to the accused themselves. Similarly, on November 21, the police reiterated that the accused had attempted to bring about a regime change in India using riots similar to those in Bangladesh and Nepal. During the latest hearing, the accused contended that their continued incarceration as undertrial prisoners would make a mockery of the criminal justice system and refuted claims that they were responsible for delays in the Delhi riots proceedings.