Delhi riot accused await trial after five years in jail: Focus on bail, justice, and delays in courts

By Syed Ali Mujtaba*

The prolonged detention without bail of Umar Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, and Shifa-ur-Rehman—five individuals accused in connection with the 2020 Delhi riots—raises serious questions about the administration of justice in India. Arrested in 2020 and charged under the Unlawful Activities (Prevention) Act, the Prevention of Damage to Public Property Act, the Arms Act, and various sections of the Indian Penal Code, they have spent over five years in prison while their trial remains ongoing before a Supreme Court bench comprising Justices Aravind Kumar and N.V. Anjaria.

The riots in northeast Delhi in February 2020 erupted amid protests against the Citizenship Amendment Act, resulting in 53 deaths, the majority of whom were Muslim, according to official records. The prosecution alleges that the accused instigated the violence through speeches and presence at protest sites, supported by approximately 12,000 documents and statements from over 900 witnesses assembled over four years of investigation.

Defense arguments highlight inconsistencies, such as one accused being in police custody prior to the riots' outbreak, and contend that participation in protests or exercising free speech does not constitute criminality. Cross-examination of witnesses and scrutiny of evidence are expected to form the core of the defense strategy.

Significant delays have plagued the proceedings. Hearings have been postponed on numerous occasions: 11 times due to administrative issues; 26 times for heavy court workloads; 4 times in 2025 amid lawyers' strikes; 55 times when the presiding judge was on leave for medical or training reasons; and 59 times due to the unavailability of the special public prosecutor. Arguments on framing charges were adjourned six times for similar reasons, including strikes, technical issues with video conferencing, scheduling conflicts, and judicial leave.

The bail applications themselves lingered in the High Court for over three years, with supplementary chargesheets filed annually by police until the trial court declared the investigation complete in September 2024. Defense counsel has emphasized that bail denial stems not from the accused's actions but from systemic inefficiencies, noting that bail is the norm under Indian law and has been granted to others in comparable cases. The seriousness of charges alone, they argue, cannot justify indefinite pre-trial detention.

With over 900 witnesses yet to be examined, the trial's conclusion appears distant. Indian jurisprudence, aligned with the principle that an accused is innocent until proven guilty, generally favors bail to prevent punishment prior to conviction. This is reinforced by Article 21 of the Constitution, which protects life and personal liberty, and echoes provisions in the Universal Declaration of Human Rights prohibiting arbitrary deprivation of freedom.

The case exemplifies broader concerns about judicial delays and their impact on undertrials. National Crime Records Bureau data from 2021 indicates that Muslims, comprising 14.2% of India's population, accounted for over 30% of detainees in prisons. Prolonged incarceration without resolution risks eroding public confidence in the legal system and raises questions about whether justice delayed equates to justice denied.

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*Journalist based in Chennai

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