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 Nagarathna bench cited the precedent set by Union of India v. K.A. Najeeb (2021), which held that delay and trial length may justify bail despite Section 43D(5).
Exam Relevance
Understanding the bail jurisprudence under the UAPA is crucial for GS‑2 (Polity) and GS‑5 (Security) topics. The case illustrates the tension between national security concerns and individual rights, a recurring theme in constitutional law. It also showcases the role of the Supreme Court in interpreting statutes and balancing competing interests.
Way Forward
- Await the next hearing on May 22, 2026 to see if the Court grants bail or refers the matter to a larger bench.
- Monitor how the Court reconciles the conflicting precedents on bail under the UAPA.
- For UPSC preparation, focus on the principles of bail, the impact of Section 43D(5), and the judicial approach to balancing security with fundamental rights.