Activist Shifa-ur-Rehman, currently seeking bail in a case related to the February 2020 Delhi riots under the Unlawful Activities (Prevention) Act (UAPA), presented his arguments to the Supreme Court on Monday, November 3, 2025. He contended that he had been “cherry-picked” by authorities and that the charges under the stringent anti-terror law were not applicable to him.
Rehman, along with Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and Meeran Haider, faces charges under UAPA and other sections of the Indian Penal Code. They are accused of being the primary orchestrators of the February 2020 riots, which resulted in 53 deaths and over 700 injuries.
The widespread violence originated amidst protests against the Citizenship (Amendment) Act (CAA) and the proposed National Register of Citizens (NRC).
Representing Mr. Rehman, Senior Advocate Salman Khurshid presented his case before a bench comprising Justices Aravind Kumar and N.V. Anjaria. Khurshid emphasized that his client, who served as the head of the alumni association of Jamia Millia Islamia, had not been implicated in any acts of violence by any witness testimony.
Khurshid further asserted the fundamental right of citizens to peacefully protest against laws they disagree with, stressing that such protests should not be misconstrued as criminal conduct.
“He has been singled out and falsely accused,” Khurshid argued. “Even if all allegations were to be taken as true, nothing in them constitutes an offence under the UAPA.”
Highlighting Rehman’s character, Khurshid added, “My client has not caused any delay in the trial process. Consider his background; he has actively participated in local elections and considers Jamia his community.”
Invoking the principle of parity, Khurshid contended that Rehman should be granted bail on similar grounds to co-accused Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha, who received bail from the Delhi High Court in June 2021.
The court was also informed that Rehman had previously been granted interim bail on November 25, 2023, and November 11, 2024, and currently faces no other legal cases.
“Protests are a common occurrence across South Asia, each with its unique context,” Khurshid stated. “However, the fundamental principle we’ve always upheld is that unjust laws should be defied, but always through peaceful means, never resorting to violence.”
When the bench emphasized the need to view the case within the Indian context, Khurshid agreed, adding, “Indeed, the Gandhian philosophy itself instructs us that it is our moral duty to peacefully defy any unjust law.”
As the hearing progressed on Monday, November 3, Senior Advocate Kapil Sibal, representing Umar Khalid, presented statistics indicating a high rate of acquittals in Delhi riot cases. He revealed that out of 116 cases tried, 97 resulted in acquittals, with courts noting evidence fabrication in approximately 17 cases.
When the bench questioned the relevance of these figures to Khalid’s case, Sibal clarified that while not directly concerning his client, these facts were being presented to illustrate broader issues.
“Are you shedding tears for them?” Justice Kumar interjected, questioning Sibal’s emotional involvement.
Sibal responded that his intention was merely to underscore the problematic nature and quality of the ongoing investigation into the riots.
Meanwhile, Senior Advocate Siddharth Agarwal, representing Meeran Haider, highlighted that three co-accused with clearly defined roles had already been granted bail, and these decisions were upheld by higher courts.
“We previously raised the issue of parity before the High Court,” Agarwal stated, emphasizing, “My client’s alleged role is considerably less severe.”
Agarwal pointed out that Haider was arrested on April 1, 2020, and has remained in custody for an extensive period of five years and seven months.
He further noted that even in the most recent chargesheet, the prosecution admits that the investigation is still ongoing.
The Supreme Court hearing concluded inconclusively for the day and is scheduled to resume on November 6.
Earlier, on Friday, October 31, Umar Khalid, also seeking bail in the UAPA case connected to the 2020 Delhi riots, informed the apex court that there was no evidence connecting him to any violence and vehemently denied all conspiracy charges leveled against him.
