2020 Delhi riots: HC grants bail to Salim Malik in UAPA case

Delhi Police flag march in Chand Bagh-Karawal Nagar (North East Delhi) after days of violence in New Delhi on February 26, 2020. | Photo Credit: Sandeep Saxena

The Delhi High Court on Thursday (May 21, 2026) granted bail to Salim Mailka, who is accused of participating in meetings, protests and a chakka jam (transport strike) during the February 2020 riots in the capital.

A bench of Justices Prathiba M Singh and Madhu Jain noted that Mr. Malik has been in custody for more than five years and 10 months and the stage of the trial is such that arguments are currently being heard on the charges. “So the trial will take some time. Under these circumstances, considering the role of the complainant (Malik), this court is of the opinion that the complainant deserves to be released on bail,” he ordered.

The court also pointed out that the role attributed to Mr. Malik is similar to the role attributed to co-accused Mohd. Saleem Khan and Shadab Ahmad, who have already been granted bail by the Supreme Court.

Mr. Malik was arrested in June 2020. According to the First Information Report (FIR), he attended various meetings where he allegedly agreed with other co-conspirators on the manner in which the protest would be organized and the nature of the measures to be taken by all the protesters.

Mr. Malik is also alleged to be present at the site of the protest prior to 24 February 2020 along with other co-accused and was involved in delivering inflammatory messages and speeches. According to the indictment, Mr. Malík also allegedly participated in the riots by carrying bricks, sticks, stones, etc. The indictment said he incited clashes with the police by participating in the crowd.

Advocate Jawahar Raja, representing Mr. Malik, argued that his case was fully covered by the Supreme Court’s decision in the Gulfisha Fatima case. He said the role attributed to Mr. Malik is similar to that attributed to Mr. Saleem Khan and Mr. Shadab Ahmad, who have already been granted bail by the Supreme Court.

In the Gulfisha Fatima judgment delivered on 6 January 2026, the Supreme Court categorized one group of accused persons in these cases as the main ideological drivers of the conspiracy, and some other accused were described as grassroots facilitators and field operators.

“The prosecution narrative itself shows that Umar Khalid and Sharjeel Imam occupy a position different from the rest of the accused, both in terms of conceptual involvement and command over the alleged conspiracy,” the Supreme Court said.

Mr Khalid and Mr Imam are credited with a central role and are said to be the ideological drivers of the alleged plot, putting the duo in a different position than the remaining accused.

“The indictments ascribe to them the role of formulating the strategy of the protest, including the alleged transition from sit-in demonstrations to chakka jams, the selection of locations and the articulation of the broader political goal pursued. Thus, their alleged actions are in the planning and preparation phase, which extends over a long period of time,” the Supreme Court noted.

“In contrast, the remaining accused, namely Gulfisha Fatima, Meeran Haider, Shifa-ur Rehman, Mohd. Saleem Khan, Shadab Ahmad, Athar Khan and others, are consistently described as facilitators at the local level. Their alleged involvement is site-specific and operative, limited to specific localities such as Jafrabad, Bagheen Bagh, Bagh, Bagh,” he said.

Meanwhile, Mr. Umar Khalid on Thursday approached the Supreme Court against a court order rejecting his application for interim bail to attend the 40-day posthumous ritual (Chehlum) of his uncle and take care of his mother, who has to undergo surgery. His appeal is listed for hearing on Friday.

Published – 21 May 2026 22:12 IST