Delhi Riots bail hearing: Why the accused persons’ liberty arguments may not overcome UAPA’s strict prima facie bar and how Delhi Police’s conspiracy case still holds in law

The Supreme Court’s ongoing consideration of bail pleas filed by Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, Shadab Ahmed and Mohd Saleem Khan in the Delhi riots “larger conspiracy” case marks a crucial intersection of individual liberty and collective security. On December 9, the accused (barring Umar Khalid who has moved an interim bail for his sister’s wedding in the trial court) concluded their rejoinder arguments in the batch of bail petitions arising from the 2020 North-East Delhi riots conspiracy FIR registered by the Delhi Police under the IPC and the Unlawful Activities (Prevention) Act, 1967 (UAPA). A Bench of Justices Aravind Kumar and NV Anjaria heard detailed submissions from senior counsel appearing for the accused, while Additional Solicitor General SV Raju i