Delhi High Court Questions Continued Custody in Delhi Riots Case: ‘How Long Can One Be Kept in Jail?’

July 9, 2025: The Delhi High Court on Tuesday raised serious concerns about the prolonged incarceration of Tasleem Ahmed, an accused in the 2020 North-East Delhi riots conspiracy case, asking the prosecution how long someone can be kept in custody without trial progress.

A division bench of Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar made the observation while hearing Ahmed’s bail plea, pointing to the inordinate delay in trial proceedings. Ahmed, arrested on June 24, 2020, has been in jail for over five years under the Unlawful Activities (Prevention) Act (UAPA).

“It’s been five years. Arguments on charge are still pending. In such cases involving 700 witnesses, for how long can someone be kept in custody?” the bench asked.

Focus on Trial Delay

Representing Ahmed, Advocate Mehmood Pracha emphasized that his bail plea was based solely on the delay in trial — not on the merits of the case or parity with co-accused. Pracha told the court that Ahmed completed his arguments on charge in under 15 minutes, unlike others who took months.

He further argued that Ahmed had not sought a single adjournment, and even refrained from pressing certain legal rights to avoid delaying the proceedings.

“He has not taken a single day’s adjournment. Not a single day’s delay is attributable to him,” Pracha submitted. “In fact, he even refrained from pressing his Section 207 CrPC application and has depleted his defence.”

Prosecution’s Stand

Special Public Prosecutor (SPP) Amit Prasad responded that the delay in trial was not due to the prosecution, citing trial court records showing adjournments sought by various accused. He also argued that Ahmed’s earlier bail rejection by the trial court had attained finality since it was not challenged further.

The court asked whether co-accused who were granted bail — such as Devangana Kalita, Natasha Narwal, and Asif Iqbal Tanha — had received it solely on the ground of delay. Pracha maintained that his current plea was limited to delay alone and withdrew other arguments.

Background

Ahmed is one of several individuals accused in FIR 59/2020, which alleges a conspiracy behind the communal riots that broke out in North-East Delhi in February 2020. The case has drawn national attention due to the broad use of UAPA, the number of accused, and delays in trial despite over 700 listed witnesses.

The Delhi High Court has now put the spotlight back on the need for timely trials, particularly when fundamental rights like liberty are at stake.