The Supreme Court of India on Friday indicated that it might grant bail to Tasleem Ahmed and Khalid Saifi, who are accused in the 2020 Delhi Riots conspiracy case. The case was heard by a bench comprising Justices Aravind Kumar and PB Varale, who have reserved their decision on the matter. “In all probability, you will get relief,” the bench remarked to the defense counsel.
Deliberations in Court
During the proceedings, Additional Solicitor General (ASG) SV Raju, representing the Delhi Police, suggested that interim bail could be granted to the accused. He argued that they did not stand on the same footing as Umar Khalid, who was previously denied bail in January for the same case.
The ASG emphasized the need to reassess a recent judgment which suggested that bail should generally be granted, even in cases under the Unlawful Activities (Prevention) Act (UAPA). Earlier, while granting bail to Syed Iftikar Andrabi in a UAPA case, another division bench questioned the denial of bail to Khalid, asserting that bail should be the default stance in UAPA cases.
ASG’s Call for a Larger Bench
ASG Raju called for a larger bench to address these principles, maintaining that the stringent bail standards in UAPA cases are not in violation of Article 21 of the Constitution, which guarantees the right to liberty. He stated, “Interim bail may be granted. They don’t fall into the category of Umar Khalid. I am pressing for reference regarding the principles laid down in Gulfisha Fatima’s judgment, which were questioned in the recent Andrabi judgment.”
He added that not every UAPA accused should benefit from the “bail not jail” principle, stressing that societal interests must be considered. The ASG also pointed out flaws in the Andrabi judgment, arguing that it failed to appropriately categorize cases and could potentially lead to unintended bail grants in serious cases.
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Court’s Response and Background
The Court orally indicated that Saifi and Ahmed may receive bail and expressed its intention to consider whether a larger bench reference is necessary regarding ASG Raju’s concerns. “We will pass orders considering whether this requires a reference. If possible, we will do so today, otherwise on Monday,” the bench stated.
The case pertains to the 2020 Delhi Riots, which resulted in over 50 deaths during protests against the Citizenship Amendment Act of 2019. Multiple individuals, including Saifi and Ahmed, were arrested for allegedly conspiring to incite the riots.
Saifi’s bail was denied by a special court in April 2025, and the Delhi High Court upheld this decision in September 2025. Ahmed faced similar outcomes, with his bail pleas rejected by both the trial court and the Delhi High Court in 2022 and 2025, respectively. Both defendants were charged under several sections of the Indian Penal Code and the UAPA.
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Ahmed’s counsel argued today that his client was merely an anti-CAA protester and not involved in any conspiracy. He sought parity with other accused who were granted bail in January this year, as per the order in Gulfisha Fatima and ors. v. State. The court questioned whether Ahmed’s circumstances aligned with those of the accused who had been granted bail, to which his counsel responded affirmatively.
Saifi was represented by Senior Advocate Rebecca John during the hearing, which has drawn considerable public attention and legal analysis.
