The Supreme Court on Monday rejected a Delhi police plea to further adjourn by two weeks the bail hearing of riot-conspiracy accused Umar Khalid and three others, all of whom have been in jail for over five years.
The bench suggested that some concession be granted to the accused because of their long imprisonment and asked the Centre — to which the Delhi police report — to respond by Friday.
“Mr Raju, examine if you can come up with some solution…,” the bench of Justice Aravind Kumar and Justice N.V. Anjaria orally told additional solicitor-general S.V. Raju, representing the Delhi police.
Khalid, a former JNU student leader, Sharjeel Imam and the others face prosecution under the anti-terror law UAPA in connection with an alleged conspiracy behind the February 2020 communal riots in Delhi that killed 53 people.
While assuring the court that he would examine its suggestion, Raju said: “Sometimes, what may be appearing before your Lordships may be different from what is there, as appearances can be deceptive.”
He did not elaborate.
Earlier, when Raju sought a two-week adjournment to give the Delhi police time to file their affidavit, Justice Kumar told him that there’s normally no need to file a counter affidavit in bail matters.
“You (Raju) may be appearing for the first time (in the matter), but we have given enough time. We had issued notices returnable… we have said it in open court that we will hear this matter on October 27 and will dispose (of it),” Justice Kumar said.
“Frankly speaking, in bail matters, there is no need for any counter affidavit.”
Posting the next hearing to Friday, the court told Raju: “Please ensure you receive proper instructionsfrom your colleagues….”
Besides Khalid, being represented by senior advocate Kapil Sibal, the bail pleas of three co-accused — Sharjeel, Gulfisha Fatima and Meeran Haider — had been listed on Monday.
Their bail pleas have so far witnessed at least four adjournments, for reasons such as the bench receiving the files from the high court at the eleventh hour, or some of the lawyers being unable to attend proceedings.
On September 2, two division benches of Delhi High Court had dismissed the bail pleas of Khalid, Sharjeel and eight 2020 riot co-accused.
The bench of Justice Navin Chawla and Justice Shalinder Kaur had rejected the pleas of Khalid, Sharjeel, Meeran, Gulfisha, Mohd Saleem Khan, Shifa-Ur-Rehman, Athar Khan, Abdul Khalid Saifi and Shadab Ahmed. Another division bench rejected the bail plea of Tasleem Ahmed.
The high court benches held that the charges against the accused were “grave” enough to deny them bail at this time.





