After SC identifies hierarchy of roles to deny Umar, Sharjeel bail, another accused moves court with fresh plea; three others to follow

Granting bail to five accused on Monday, the SC had said that the “minor participants” in the conspiracy had acted on the directions of the “masterminds” Umar and Sharjeel, and keeping them in custody indefinitely would be disproportionate to their role. Malik’s application for bail will be heard on January 8. His lawyers will likely argue that he fits the description of “local-level facilitators” – a category that the SC deemed eligible for bail – rather than“ideological masterminds”.

The bail applications of the other three accused – Khalid Saifi, Athar Khan and Tasleem Ahmed – had been rejected by the Delhi High Court in September 2025. Unlike Umar, Sharjeel, and the other five, however, they had chosen not to move the SC immediately.

Malik, a resident of Chand Bagh who had a garments business, was arrested in July 2020.

According to the prosecution, he was responsible for managing meals and handling financial transactions at the Chand Bagh protest site. He is accused of participating in multiple secret conspiratorial meetings throughout February 2020, in which the disruptive “chakka jam” strategy was allegedly finalised. Malik also allegedly delivered provocative speeches and incited the crowd to attack police on February 24, 2020, the second day of the riots.

Malik’s previous bail applications were heard and decided separately from the other accused. His last bail plea was rejected by a sessions court in January 2025. He had been denied bail earlier by another sessions court in October 2022, and by the Delhi High Court in April 2024. In May 2024, he approached the SC for bail, but withdrew his application soon.

Senior Advocate Rebecca M John, counsel for Khalid Saifi, one of the three others, told The Indian Express on Tuesday that they had waited for the SC’s decision – which came on Monday – before moving for bail.

Saifi, who is in his early 40s and was the founder of the NGO New Education Welfare Organisation, has been in custody since February 2020. The prosecution has alleged that he attended conspiracy meetings to discuss funding for weapons, and organised a “celebratory” meeting after the riots to coordinate a cover-up. He is specifically accused of receiving money to procure firearms, and instructing protesters to disable CCTV cameras.

Arjun Dewan, counsel for Athar Khan, a 30-year-old former call centre employee who was arrested in July 2020, said that “approaching the trial court [after the SC’s decision] is a good option, given that people similarly placed as him (Khan) have been granted bail”.

Khan is accused of being one of the main organisers at the Chand Bagh protest site, managing the stage and allegedly delivering inflammatory speeches. Police have claimed that he participated in secret meetings, in which he said that the “time has arrived to burn Delhi”, and allegedly coordinated the destruction of CCTV cameras.

Mehmood Pracha, counsel for Tasleem Ahmed, said: “Now we are going to apply in the Supreme Court. We are optimistic about his chances because his role is minimal.” Ahmed, who is in his early 40s, was an educational consultant. He was arrested in June 2020 and faces allegations of inciting violence in Seelampur and Jafrabad.