Supreme Court Issues Notice In Tasleem Ahmed's Bail Plea Accused In 2020 Delhi Riots Case

The Supreme Court has issued notice and sought a response from the Delhi Police in a bail petition filed by Tasleem Ahmed, an accused in the "larger conspiracy" case linked to the February 2020 Delhi riots.

A bench comprising Justice Aravind Kumar and Justice P.B. Varale issued the notice following Ahmed's challenge to a Delhi High Court ruling.

In September 2023, the Delhi High Court dismissed Ahmed's bail application. The High Court had ruled that a "delay in trial" is not, by itself, sufficient grounds for bail. The High Court noted that some accused individuals already out on bail were delaying arguments on charges, inadvertently prolonging the imprisonment of those still in custody. The Delhi High Court had held that bail under Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA) cannot be granted solely on the ground of delay in trial, especially when the accused themselves have contributed to the delay.

Ahmed is one of several individuals—including activists Umar Khalid and Sharjeel Imam—charged under the Unlawful Activities (Prevention) Act (UAPA) and the IPC. Prosecutors allege they were the "masterminds" behind the violence that broke out during CAA and NRC protests. The 2020 riots resulted in 53 deaths and left more than 700 people injured.

The case arose out of the violence that took place in North-East Delhi in February 2020, where several instances of rioting, vandalism, and arson were reported. The appellant was arrested and charged under provisions of the Indian Penal Code, Unlawful Activities (Prevention) Act, and other allied laws.

Following the investigation, the prosecution filed a chargesheet alleging a larger conspiracy behind the riots. Multiple accused were implicated, with some being granted bail over time, while others, including the appellant, continued in judicial custody.

During the pendency of proceedings, the Trial Court repeatedly attempted to move forward with arguments on charge. However, adjournments were frequently sought, particularly by those accused who had already secured bail. The Trial Court eventually dismissed the appellant’s application for bail under Section 43D(5) UAPA, noting that the delays were attributable not to the Courts or the prosecution, but to the accused themselves.

Ahmed has been in judicial custody since 2020, had sought bail on the grounds of a protracted trial, contending that over 700 witnesses remain to be examined and arguments on the charge had not concluded.

The High Court had ordered, “...material on record indicates that certain accused persons have got bail and some of the accused persons are in prison. Those accused persons who got bail are trying to delay the arguments on charge on the ground that the investigation is still pending. The arguments on charge are being delayed by the accused persons who are out on bail at the cost of those accused persons who are in prison.”

Recently, the Supreme Court denied bail to Umar Khalid and Sharjeel Imam in the 2020 Delhi Riots conspiracy case. The Court allowed the bail pleas of Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, and Mohd. Saleem Khan and Shadab Ahmad.

Cause Title: Tasleem Ahmed v. State Govt. Of NCT of Delhi [Diary No. 5434 of 2026]