The Supreme Court indicated interim relief for Tasleem Ahmed and Khalid Saifi in the Delhi riots larger conspiracy case while reserving orders on Delhi Police’s plea to refer the issue of bail under UAPA due to trial delay to a larger Bench.
Supreme Court Hears Bail Pleas In Delhi Riots Larger Conspiracy Case — Optimized for Readability
Court Signals Interim Bail Relief
The Supreme Court on Friday indicated it may grant interim bail to Tasleem Ahmed and Abdul Khalid Saifi. Both accused have remained in undertrial custody since 2020 in the Delhi riots larger conspiracy case. The case involves offences under the Unlawful Activities Prevention Act (UAPA).
Justice Aravind Kumar and Justice Prasanna B. Varale heard the special leave petitions. The two accused had filed these petitions against the Delhi High Court’s decision to refuse them bail last year.
Case Details:
- Tasleem Ahmed v. State Govt. of NCT of Delhi, SLP(Crl) No. 2867/2026
- Abdul Khalid Saifi @ Khalid Saifi v. State, SLP(Crl) No. 3867/2026
Delhi Police Does Not Oppose Interim Bail
Additional Solicitor General S.V. Raju appeared for Delhi Police. He did not object to granting interim bail to the accused.
Senior Advocate Rebecca M. John represented Khalid Saifi. She argued that authorities based the evidence against him on WhatsApp group chats. These chats connected to protests against the Citizenship Amendment Act.
John made a parity argument. She noted that Gulfisha Fatima, Natasha Narwal, and Devangana Kalita—associates of Saifi—already received bail. Therefore, Saifi deserved the same relief.
Advocate Mahmood Pracha represented Tasleem Ahmed. He submitted that Ahmed played a very insignificant role in the alleged offence.
Larger Bench May Review UAPA Bail Principles
ASG Raju urged the Court to refer a critical issue to a larger Bench. The issue concerns conflicting judgments on bail under UAPA. Specifically, courts disagree on whether prolonged trial delay justifies bail despite Section 43D(5)’s statutory restrictions.
The recent Syed Ifthikar Andrabi judgment prompted this request. Justices B.V. Nagarathna and Ujjal Bhuyan delivered that decision. In Andrabi, the Bench disapproved earlier judgments in Gulfisha Fatima and Gurwinder Singh. Those cases adopted a narrower approach to bail after long incarceration.
The Andrabi judgment referenced K.A. Najeeb—a binding precedent. K.A. Najeeb established that courts can grant bail where the right to speedy trial faces violation. This applies even when Section 43D(5) restrictions exist.
ASG Argues Against Delay as Sole Bail Ground
ASG Raju maintained that Section 43D(5)’s twin conditions remain binding. The Supreme Court upheld these conditions in Kartar Singh.
His key submission: Mere trial delay cannot become a universal bail ground. Courts must examine the accused’s role in the alleged offence.
Raju cited Shaheen Welfare Association (1996). That judgment categorised undertrials in TADA cases based on their role. Gulfisha Fatima followed this approach. It distinguished Umar Khalid and Sharjeel Imam from other accused. It granted bail only to those whose roles courts deemed lesser.
Raju argued that Andrabi ignored this approach. Instead, it granted bail solely on trial delay grounds without examining the accused’s role.
ASG Raises Concerns With Extreme Examples
During the hearing, ASG Raju posed critical questions. He asked whether delay alone could justify bail in serious cases. Even when grave allegations exist?
His examples:
- Could courts grant Ajmal Kasab bail based on delay if many witnesses existed?
- Could courts grant Hafiz Sayeed bail merely because of delay if he came from Pakistan?
Raju concluded that Andrabi mechanically granted bail. It relied solely on the trial delay factor.
Court Reserves Orders; Interim Relief Likely
The Bench reserved its orders after hearing submissions. It indicated relief may come the same day or on Monday.
Justice Aravind Kumar told Senior Advocate Rebecca M. John: “In all probability, you will get the relief.”
The Court will also decide whether to refer the matter to a larger Bench. It will pass orders either immediately or on Monday.
