On Tuesday, the Delhi High Court reserved its decision on the bail plea of four accused individuals related to the case involving the purportedly larger conspiracy behind the northeast Delhi riots in 2020.

Shifa Ur Rehman, Abdul Khalid Saifi, Gulfisha Fatima, and Mohd Saleem Khan are accused in the broader conspiracy of the Delhi riots case, which was registered under the stringent anti-terror law, the Unlawful Activities (Prevention) Act (UAPA).

Shifa Ur Rehman, Abdul Khalid Saifi, Mohd Saleem Khan, and student activist Gulfisha Fatima, who is also the President of the Alumni Association of Jamia Milia Islamia (AAJMI), have applied for bail based on the principle of parity with Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha. These three individuals have already been granted bail by the Delhi High Court.

After listening to the arguments presented by the counsels representing the accused individuals and Special Public Prosecutor (SPP) Amit Prasad, a division bench comprising Justices Suresh Kumar Kait and Manoj Jain reserved the order.

In opposition to the bail pleas, SPP Amit Prasad contended that the accused cannot assert parity because the bail orders issued by the High Court for Natasha, Devangana, and Asif cannot be considered as precedents, as clarified by the Supreme Court.

He further argued that if the accused individuals seek parity with others, the court must also consider parity with the role of Umar Khalid, whose bail was denied by the High Court, and this decision has been finalized.

SPP Amit Prasad also asserted that the provision under Section 43(D) of the UAPA is applicable in this case. He mentioned the existence of protected witnesses who have implicated the accused individuals in the conspiracy leading to the riots. Prasad highlighted the presence of 58 protected witnesses and urged the court to conduct day-to-day hearings.

However, the court dismissed this request, stating that only one case should be given priority for hearing.

Senior advocate Sushil Bajaj appeared for Gulfisha Fatima and argued that her alleged role is less serious than that of Natasha.

On February 6, 2024, the High Court asked Delhi Police to show material against Saifi to show that he was involved in the violence. The high court had also rapped Delhi Police for lengthy arguments.

The bench asked the SPP to file a compilation defining the accused's role.