Day after SC bail, Delhi court orders bond verification for four riots accused

A Delhi court on Tuesday passed an unusual and rarely invoked order, directing the police to verify bail bonds and surety documents submitted by four of the five accused who were on Monday, 5 January granted bail by the Supreme Court in the 2020 Delhi riots conspiracy case — a step that delayed their release by at least a day.

The order came a day after the Supreme Court granted bail to activists Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmad, while refusing similar relief to Umar Khalid and Sharjeel Imam.

Additional sessions judge Sameer Bajpai accepted bail bonds of Rs 2 lakh each, along with two local sureties of the same amount submitted by Fatima, Haider, Rehman and Khan. However, instead of ordering their immediate release — the usual practice once bonds are furnished — the court directed the police to verify the documents by Wednesday, terming the step necessary before custody could be lifted.

The fifth accused, Shadab Ahmad, did not appear before the court to submit his bail bonds.

Legal observers noted that such verification orders are rare, particularly when the accused have earlier been granted interim bail and had already furnished sureties during that period. In this case, most of the accused had previously been out on interim bail, making the insistence on fresh verification an exception rather than the rule.

Haider's counsel M.N. Khan questioned the need for the exercise, pointing out that the surety was a close relative who lived at the same address as his client. Despite the objection, the court stood by its direction and listed the matter for further proceedings on 7 January.

On Monday, the Supreme Court drew a clear distinction among the accused, granting bail to the five while denying it to Khalid and Imam. A bench of Justices Aravind Kumar and N.V. Anjaria cited a “hierarchy of participation”, holding that all accused could not be treated alike.

The bench said there was a prima facie case under the Unlawful Activities (Prevention) Act (UAPA) against Khalid and Imam, warranting continued incarceration.

While granting bail to the other five, the apex court imposed 11 stringent conditions, including the execution of a personal bond of Rs 2 lakh with two local sureties each, to the satisfaction of the trial court.

The accused have also been barred from leaving the National Capital Territory of Delhi without prior permission. Any request to travel must disclose reasons and will be decided strictly on merit by the trial court.

Additionally, the Supreme Court directed the accused to surrender their passports and furnish current residential addresses, contact numbers and email IDs to both the investigating officer and the trial court. Their lawyers sought three to four days to comply, explaining that the accused’s mobile phones had remained non-functional for a prolonged period.

Another key condition bars the accused from contacting, influencing or intimidating witnesses, or from associating with any group or organisation linked to the FIR.

Against this backdrop, Tuesday’s verification order — though procedural — stood out for its rarity, underscoring how even after relief from the highest court, the path from jail to freedom can remain contingent, cautious and closely scrutinised.

Between 23 and 26 February 2020, 53 people were killed in the Delhi riots, over 500 injured, and property worth crores destroyed. Of the dead, reportedly 40 were Muslim and 13 Hindu.

With PTI inputs