The Supreme Court on May 20, 2026 indicated a prima‑facie inclination to grant bail to two accused in the 2020 Delhi riots, Tasleem Ahmed and Abdul Khalid Saifi. The hearing was adjourned at the request of the Additional Solicitor General S.V. Raju.
Key Developments
- The bench of Justices Aravind Kumar and P.B. Varale said they were “prima facie” with the bail pleas, pending further arguments.
- Defense counsel Rebecca John relied on the Court’s January 5, 2026 ruling that distinguished the roles of different co‑accused.
- Advocate Mehmood Pracha described his client’s involvement as “peripheral”, echoing the earlier judgment.
- Additional Solicitor General S.V. Raju highlighted conflicting Supreme Court decisions on bail under the UAPA, urging a larger bench to resolve the issue.
- The matter was adjourned to May 22, 2026 for further consideration.
Important Facts
The Delhi High Court on September 2, 2025 rejected bail for Ahmed and Saifi, stating that mere delay in trial is insufficient for bail unless there is a clear violation of fundamental rights. The Court emphasized that the UAPA’s bail bar is strict, but also noted that prolonged incarceration can be a factor under Section 43D(5).
A separate Division Bench led by Justice B.V. Nagarathna on May 18, 2026 reiterated that “bail is the rule and jail is an exception” even under anti‑terror statutes, and expressed reservations about the January 5 judgment that barred bail for JNU scholars Umar Khalid and Sharjeel Imam.
The Nagarath