‘Those acting against nation must be in jail till trial ends’: Solicitor General to Delhi HC on bail petitions of accused in Delhi 2020 riots case

Arguing on behalf of the Delhi police against the bail petitions of the accused in the February 2020 riots case, Solicitor General Tushar Mehta told the Delhi High Court on Wednesday (July 9, 2025) that those accused of acting against the nation must remain in jail until they are either convicted or acquitted.

“If you are doing something against your nation, then you better be in jail till you are acquitted or convicted. There was a riot in the Capital of the country where 100 police personnel and 41 other persons were injured and one police personnel lost his life,” Mr. Mehta said.

He made the submission before a Bench of Justices Navin Chawla and Shalinder Kaur in response to bail pleas filed in the “larger conspiracy” case by several accused, including Umar Khalid, Sharjeel Imam, Mohd. Saleem Khan, Shifa-Ur-Rehman, Athar Khan, Meeran Haider, Abdul Khalid Saifi, and Gulfisha Fatima. With the counsels on both sides having concluded their arguments, the court on Wednesday reserved its verdict in the case.

Sharjeel Imam had argued that he was “completely disconnected” with the areas where the communal violence broke out and that in his communication with the other co-accused on WhatsApp, he did not call for any kind of unrest. 
| Photo Credit:
Reuters

The SG’s statements come a day after another High Court Bench, while hearing the bail plea of another “larger conspiracy” case accused, Tasleem Ahmed, had remarked, “Five years have gone by [since the riots]. Even arguments on the charge have not been completed. In matters like this, with 700 witnesses, how much time can a person be kept inside [jail]?”

Some of the accused have argued that they have been in custody for the past five years, and the trial is unlikely to be completed anytime soon, amounting to the curtailment of their fundamental right to protection of life and personal liberty.

‘Finest investigation’

Mr. Mehta contested the grounds on which the accused persons have sought bail — delay in the trial and prolonged incarceration — saying long incarceration could not be used as an argument to seek relief.

He termed the police’s probe in the conspiracy case “one of the finest investigations, where to satisfy the conscience of the court, the prosecution recorded 58 statements before the Magistrate”.

“It is not just a case of bail in any other regular riot case. We are dealing with a well-orchestrated and well-organised criminal conspiracy,” the SG said.

Mr. Imam had argued that he was “completely disconnected” with the areas where the communal violence broke out and that in his communication with the other co-accused on WhatsApp, he did not call for any kind of unrest.

The accused were booked under the Unlawful Activities (Prevention) Act (UAPA) and provisions of the IPC for being the “masterminds” of the February 2020 riots, which left 53 people dead and over 700 injured.