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The Supreme Court on Friday (October 31, 2025) was told that the seriousness of the offence cannot be a determining factor when bail is sought on the ground of prolonged incarceration of an undertrial.
A Bench of Justices Aravind Kumar and N.V. Anjaria was hearing the bail pleas of activists Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, and Shifa-ur-Rehman in the larger conspiracy case linked to the 2020 Delhi riots. The Bench will continue hearing the matter on Monday and has listed it top of the board.
Appearing for the petitioners, senior advocates Kapil Sibal, A.M. Singhvi, and Siddharth Dave argued that the accused have spent over five years in custody while the trial is yet to commence. They also sought bail on the grounds of parity with co-accused Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha, who were granted bail by the Delhi High Court in June 2021.
Mr. Singhvi submitted that there has been an “inordinate delay” in the consideration of his client’s plea, which has been listed more than 90 times since 2020. He further pointed out that Ms. Fatima remains the only woman still in custody in the case.
