The Supreme Court is scheduled to announce its verdict on January 5 regarding the bail applications of several activists, including Umar Khalid and Sharjeel Imam, who are accused in the 2020 Delhi riots conspiracy case. A bench comprising Justices Aravind Kumar and N V Anjaria will deliver the judgment. The court had previously reserved its orders on December 10, 2025, after hearing arguments from both the Delhi Police and the accused's legal representatives.
The Delhi Police, represented by Solicitor General Tushar Mehta and Additional Solicitor General S V Raju, has opposed the bail pleas, asserting that the riots were a pre-planned attack. They argued that the accused individuals were involved in a larger conspiracy that led to the violence in North East Delhi in February 2020. The prosecution has presented evidence, including witness statements and communication records, to support their claims of a coordinated effort to incite riots. They contend that the speeches and actions of the accused cannot be viewed in isolation and point to a "premeditated, well-orchestrated conspiracy".
On the other hand, the accused, represented by senior advocates like Kapil Sibal, Abhishek Singhvi, Siddhartha Dave, Salman Khurshid, and Sidharth Luthra, have argued that the prosecution's case relies heavily on selectively quoted speeches and out-of-context WhatsApp chats. They maintain that giving a speech, even an "unpalatable" one, does not automatically constitute a terrorist act under the Unlawful Activities (Prevention) Act (UAPA). The defense has emphasized the need for demonstrable criminal intent and has questioned the validity and reliability of the evidence presented by the prosecution. They have also pointed out that many of the accused have been in custody since 2020, a period which they argue warrants the consideration of bail.
Umar Khalid, in particular, has been charged with several offenses under the Indian Penal Code and the UAPA, including rioting, murder, unlawful assembly, and promoting enmity. Despite being granted bail in April 2021 in a separate case related to the riots, he has remained in custody since September 2020 due to the conspiracy charges. His previous bail applications have been rejected by the trial court and the Delhi High Court. Sharjeel Imam faces similar charges and has also had his bail pleas rejected in the past.
The case has drawn international attention, with eight U.S. lawmakers recently urging the Indian government to grant bail to Umar Khalid and ensure a fair trial in accordance with international law. They have raised concerns about the prolonged detention of Khalid under the UAPA, which they say may contravene international standards of due process.
The Supreme Court's verdict on January 5 will be a crucial decision, potentially setting a precedent for future cases involving the UAPA and the right to bail in cases of alleged conspiracy. The outcome will have significant implications for the accused, who have been awaiting a decision for years, as well as for the broader debate on freedom of speech, expression, and the application of anti-terrorism laws.
