Five of the seven accused in the Delhi riots have been granted bail by the Supreme Court, while two accused – Sharjeel Imam and Umar Khalid have not got relief. The court says that we have examined all the cases separately. According to the facts collected by the police, the role of Umar Khalid and Sharjeel Imam is central. They cannot be granted bail on the basis of being in jail for a long time. However, the court has said that both of them can later appeal for bail in the trial court.
The bench of Justice Arvind Kumar and Justice NV Anjaria said on Monday (January 5, 2026) that Article 21 (right to life) of the Constitution is important, it has been cited, but this right is not beyond the legal provisions. The court has granted bail to other accused Gulfisha Fatima, Meeran Haider, Shifa alias Rehman, Shahdab Ahmed and Mohammad Salim.
While reading the decision, the bench said that strict conditions can be imposed on those who are required to be granted bail. The role of Umar Khalid and Sharjeel Imam is different from the rest. He said that it has to be seen whether it is necessary to keep everyone closed. According to the records, the role of all the accused is not the same. The court has said that Sharjeel and Umar Khalid can file a bail application one year after the trial of the key witnesses or after this order.
‘Allegations of involvement in illegal activities have to be looked into’, says Supreme Court
The bench said that we have to see whether the allegations of involvement in illegal activities are strong. We will also have to consider the facts presented regarding the role of all the accused. He said that Parliament has not limited the definition of Section 15 (terrorist activity) of UAPA only to bomb blasts and armed violence. Its scope is wide.
The Supreme Court said that the police argue that UAPA is a special law. This is not limited to terrorism only. The court said that the argument was placed before us that the petitioners have been in custody for a long time. In the decision we have also given space to the police’s arguments against it.
The accused have been in jail for more than 5 years
Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, Shifa alias Rehman, Shahdab Ahmed and Mohammad Salim have been in jail for more than five years on charges of conspiring in the 2020 Delhi riots. After hearing the arguments on December 10, 2025, the court had reserved the decision on bail. Delhi High Court and Trial Court have refused to grant him bail. On September 2, Delhi High Court had refused to grant bail, after which the accused approached the Supreme Court.