In a significant legal ripple effect, four more individuals accused in the high-profile 2020 Delhi riots conspiracy case are set to approach the courts seeking bail. This move comes directly on the heels of a pivotal Supreme Court judgment that granted bail to five accused while denying it to activists Umar Khalid and Sharjeel Imam.
Fresh Bail Pleas Filed Following SC's 'Hierarchy' Ruling
The Supreme Court, in its order on Monday, January 6, 2026, drew a clear distinction between the alleged 'ideological masterminds' and the 'local-level facilitators' in the conspiracy. The apex court reasoned that indefinitely detaining the 'minor participants' who acted on the directions of the 'masterminds' would be disproportionate to their role. This legal reasoning has now opened a new avenue for other incarcerated accused.
Acting swiftly on this development, Salim Malik, a 30-year-old former garments businessman from Chand Bagh, moved the Karkardooma sessions court with a fresh bail application on Tuesday, January 7. His plea is scheduled for a hearing on January 8. Malik, arrested in July 2020, is accused by the prosecution of managing meals and finances at the Chand Bagh protest site, attending conspiratorial meetings, and delivering provocative speeches.
Three Others to Follow Suit, Citing Parity
Malik is not alone. Three other accused – Khalid Saifi, Athar Khan, and Tasleem Ahmed – are also preparing to file fresh bail applications. Their lawyers have indicated they will argue that their clients' roles align with the 'facilitator' category deemed eligible for bail by the Supreme Court, rather than that of the 'architects' of the conspiracy.
Arjun Dewan, counsel for Athar Khan, stated that approaching the trial court after the Supreme Court's decision is a prudent step, as people similarly situated have now been granted bail. Khan, a former call centre employee, faces allegations of being a main organiser at Chand Bagh and delivering inflammatory speeches.
Rebecca M John, senior advocate for Khalid Saifi, founder of an NGO, confirmed they awaited the SC's verdict before proceeding. Saifi has been in custody since February 2020. Meanwhile, Mehmood Pracha, lawyer for Tasleem Ahmed, expressed optimism about moving the Supreme Court, citing his client's 'minimal' role.
The Current Status of the Accused
Of the 20 individuals accused in the conspiracy case, two are absconding. All remaining 18 have applied for bail in the past. With the Supreme Court granting bail to five on Monday, the number of accused still in prison now stands at seven. This group includes Umar Khalid, Sharjeel Imam, former AAP councillor Tahir Hussain (who faces other cases), and the four individuals now seeking fresh bail – Salim Malik, Khalid Saifi, Athar Khan, and Tasleem Ahmed.
The bail applications of Saifi, Khan, and Ahmed had been rejected by the Delhi High Court in September 2025. Unlike others, they had not immediately appealed to the Supreme Court at that time, a decision that has now led to their fresh legal strategy based on the latest ruling.
This series of fresh applications underscores the immediate impact of the Supreme Court's nuanced judgment, potentially setting the stage for the release of more accused as the courts apply the newly established 'hierarchy of roles' test to each individual case.
