The Delhi Police has filed an affidavit before the Supreme Court opposing the bail pleas of Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, and Shifa-Ur-Rehman in the Delhi riots larger conspiracy case, alleging that the accused are “playing the victim card” by citing long incarceration, despite being responsible for delaying the trial themselves.

In its affidavit, the police maintained that no ground for bail arises merely from delay, asserting that the petitioners have “malafidely and mischievously” hindered the commencement of the trial.

“No ground for bail has been made by the petitioners. It does not lie with those who, for malafide and mischievous reasons, have delayed the commencement of the trial to now play the victim card and seek bail on the ground of prolonged incarceration,” the affidavit stated.

The police further contended that the accused’s conduct, coupled with irrefutable and ocular evidence, disqualifies them from seeking any bail relief.

“The conspiracy hatched, nurtured, and executed by the petitioners was to strike at the very heart of the sovereignty and integrity of the country by destroying communal harmony, instigating crowds to abrogate public order, and pushing them towards armed rebellion,” the affidavit said.

It added that the evidence gathered indicates that the alleged conspiracy was meant to be replicated and executed across India, not limited to Delhi.

“Evidence on record suggests that the instant conspiracy was sought to be replicated and executed pan-India. No liberty of bail can be granted for committing a heinous offence of the highest order attacking the very roots of national integrity and sovereignty,” the police submitted.

The Delhi Police also referred to the Delhi High Court’s earlier findings that the accused themselves were responsible for delays in the trial proceedings.

The affidavit lays out detailed allegations against each of the petitioners:

• Umar Khalid was described as the chief conspirator, alleged to have mentored Sharjeel Imam in planning the initial phase of the riots. The police claimed that Khalid conceptualised the idea of “chakka jam” to provoke violence and that he coordinated with Imam and Asif Iqbal Tanha in setting up protest sites at Shaheen Bagh and Jamia.

• Sharjeel Imam’s WhatsApp chats from December 2019 purportedly show his active involvement in orchestrating the early phases of the unrest, according to the police.

• The police alleged that Khalid convened a secret meeting in Seelampur in January 2020 with Gulfisha Fatima, Natasha Narwal, Devangana Kalita, and others, instructing them to mobilise local women and stockpile materials to incite violence. When that plan failed, Khalid allegedly arranged for women from Jahangirpuri to join protests at Jaffrabad, escalating tensions.

• Gulfisha Fatima was accused of being a key local coordinator who transformed peaceful sit-ins into violent demonstrations.

• Meeran Haider, a member of the Jamia Coordination Committee, allegedly managed protest sites, collected funds, and encouraged violence against police and non-Muslim civilians.

• Shifa-Ur-Rehman, as President of the Jamia Alumni Association, allegedly organised and financed protests under the guise of anti-CAA and anti-NRC movements, distributing funds that sustained the protest sites which, according to police, ultimately culminated in the North-East Delhi riots of February 23–26, 2020.

A Bench of Justice Aravind Kumar and Justice NV Anjaria will hear the petitions tomorrow, challenging the Delhi High Court’s September 2 judgment that denied bail to Khalid and others.

During the previous hearing on October 27, Justice Aravind Kumar had noted that the accused have been incarcerated for over five years, and queried Additional Solicitor General SV Raju whether bail could be considered on grounds of delay.

The matter will now be taken up for further hearing on October 31.

Case Title: Umar Khalid & Others v. State (NCT of Delhi)