'Joy mixed with guilt': Families react as Supreme Court grants bail to five in Delhi riots case

The SC ruling has brought mixed emotions for the families of those involved, joy and relief for some, disappointment and anguish for others.

The Supreme Court, on Monday, granted bail to five accused in the larger conspiracy case linked to the 2020 Delhi riots, while refusing relief to JNU students Umar Khalid and Sharjeel Imam, citing their alleged central role in the conspiracy.

The ruling brought mixed emotions for the families of those involved, joy and relief for some, disappointment and anguish for others.

A bench of Justices Aravind Kumar and N.V. Anjaria held that the material on record, taken at face value, indicated a “prima facie attribution of a central and formative role” to Umar Khalid and Sharjeel Imam in the alleged conspiracy, attracting the bar on bail under Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA).

“While the period of incarceration undergone by these appellants is substantial, the Court is not persuaded that continued detention has crossed the threshold of constitutional impermissibility,” the bench said, rejecting their bail pleas.

At the same time, the apex court granted bail to Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohammad Saleem Khan and Shadab Ahmed, observing that their continued incarceration was not essential for the conduct of a fair trial, provided strict conditions were imposed. The bench clarified that the relief did not dilute the gravity of the allegations or amount to any finding on guilt, describing it as a “calibrated exercise of constitutional discretion.”

For the families of the five who secured bail, the verdict brought emotional relief after more than five years of incarceration, tempered by concern for those still behind bars.

At her home in Jafrabad, Gulfisha Fatima’s mother said she was overwhelmed. “Itni khushi hai ki Gul aa rahi hai ki hum saara dukh bhool gaye hain,” she said, expressing happiness at her daughter’s impending release, as per a report by The Indian Express.

In Jamia Nagar, Shifa-ur-Rehman’s wife, Nooreen Fatima, said the family’s joy was incomplete. “There is some guilt at the back of our minds because Umar and Sharjeel are not out. Our happiness is not complete today. But it has been a long wait for us,” she said as cited by the newspaper, recalling years of brief phone calls from jail and the strain on their children, who were in primary school when their father was arrested in 2020.

Meeran Haider’s sister said the family initially struggled to believe the news. “He asked us, ‘Is this for real or is this fake news?’” she said, adding that Meeran, who was pursuing a PhD at the time of his arrest, had relied on books as his “only support” in prison.

Saleem Khan’s eldest daughter, Saima, said the family welcomed the relief but remained cautious. “Of course we will celebrate his return, but it pales in comparison to what we have been through. Even now, it’s only bail, not acquittal,” she said, noting the social and economic costs borne by the family over the years.

The top court imposed stringent conditions on the five accused granted bail, including furnishing personal bonds of Rs 2 lakh each with two local sureties, surrendering passports, remaining within the National Capital Territory of Delhi, and marking attendance twice a week at the Crime Branch police station. Any breach of conditions, the Court said, would entitle the prosecution to seek cancellation of bail.

In its detailed order, the Supreme Court stressed that personal liberty, though constitutionally protected, cannot be viewed in isolation from national security and public order. “The sovereignty, integrity and security of the nation are constitutional values which Parliament is entitled to protect through law,” the bench observed.

The case relates to the violence that broke out in northeast Delhi in February 2020 during protests against the Citizenship Amendment Act (CAA), in which 53 people were killed and over 900 injured. Delhi Police have alleged a premeditated conspiracy behind the violence, an allegation strongly contested by the accused.