The Supreme Court on Monday orally hinted at an early disposal of the bail pleas of Umar Khalid and four others and said the hearing should be listed for October 7, after defence counsel pleaded for their pre-Diwali release.

However, later in the evening, the advance cause list of the court showed the matter had been “tentatively” listed for October 27. Diwali falls on October 21.

The two-judge bench issued a notice to Delhi Police on the bail pleas of Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima and Shifa Ur Rehman, who have been behind bars for over five years.

Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima and Shifa Ur Rehman face cases under the anti-terror law UAPA for the “larger conspiracy” behind the February 2020 communal riots in Delhi that killed at least 53 people.

Justice Aravind Kumar expressed regret at the outset that the bail pleas could not be taken up last Friday, as listed, since the other judge on the bench, Justice Manmohan, had recused himself.

“Sorry, we could not hear this matter on Friday as my brother Justice Manmohan wanted to recuse…,” Justice Kumar, now heading a reconstituted bench with Justice N.V. Anjaria, said.

“My Lords may consider the matter before Diwali so that we can be out,” senior advocate Kapil Sibal, appearing for Khalid, requested.

Senior advocate Abhishek Manu Singhvi, appearing for Fatima, told the bench: “It’s shocking that these students are in jail for more than five years.”

He urged the court to issue notices on the interim-bail applications of the accused pending a decision on their appeals against Delhi High Court’s rejection of their bail pleas.

However, Justice Kumar indicated that the matter might be finally disposed of and there might not be a need for interim bail. “Yes, we will hear you and dispose of...,” he said.

The bench then mentioned October 7 as the date of the next hearing.

The bail pleas had earlier been listed twice before the apex court, for September 12 and 19, but were not taken up.

On September 12, the judges said they had received the case files only at 2.30am that day and had little time to go through them. So, they adjourned the matter till September 19.

On September 19, the matter was adjourned to Monday after Justice Manmohan withdrew himself because of his past association, as an advocate, with Sibal.

Apart from Sibal and Singhvi, senior advocates Salman Khurshid and Siddharth Dave are representing some of the accused.

A division bench of the high court had on September 2 dismissed the bail pleas of these five accused as well as five other co-accused, holding that the alleged offences were too “grave” for bail to be granted at this juncture.