Rights groups flag prolonged incarceration of Muslim accused as trials drag on
NEW DELHI — Nearly six years after the communal violence that shook north-east Delhi in February 2020, the Delhi High Court has granted bail to Salim Malik, who was jailed under the stringent Unlawful Activities (Prevention) Act (UAPA) in the larger conspiracy case linked to the riots.
The order has once again drawn attention to the prolonged incarceration of several Muslim accused arrested after the violence, many of whom have spent years behind bars as trials continue at a slow pace.
A division bench of Justice Prathiba M. Singh and Justice Madhu Jain granted bail to Malik on Thursday while hearing his appeal against a lower court order dated January 29, which had rejected his plea.
During the hearing, Malik’s counsel argued that other accused in the same case had already been granted bail by the High Court and that he was entitled to similar relief on grounds of parity. The defence cited earlier bail granted to Mohammad Salim Khan and Shadab Ahmad.
Delhi Police has accused Malik of being part of a larger conspiracy behind the violence that erupted during protests against the Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC). Investigators alleged that he was among the organisers and speakers at anti-CAA meetings in the run-up to the riots.
Malik was arrested in June 2020 and remained in custody for several years under UAPA provisions.
The February 2020 violence remains one of the most serious communal episodes in recent Delhi history. The riots broke out in north-east Delhi amid tensions over the CAA and NRC, leaving 53 people dead and more than 700 injured.
According to official and independent estimates, over 40 of those killed were Muslims. Several Muslim-majority neighbourhoods suffered extensive damage, including homes, shops, religious places and small businesses.
Families affected by the violence say the emotional and economic scars persist.
Residents of Mustafabad, Shiv Vihar, Jaffrabad and Chand Bagh continue to recall days of fear, smoke, gunfire and mob attacks that left many displaced and traumatised.
Nazma Begum, whose house was damaged during the riots, said, “Even after years, people here still remember the fear. Many families lost everything.”
Civil rights groups and legal activists have repeatedly questioned the manner in which the investigations were conducted. They argue that while many Muslim activists, students and protest organisers were booked under stringent anti-terror laws, complaints regarding alleged inflammatory speeches by Hindu nationalist figures did not receive similar urgency.
Senior advocate Rebecca John had argued in related proceedings that “protest cannot automatically be treated as conspiracy”.
The use of UAPA in the Delhi riots cases has remained controversial, as the law makes bail difficult and allows for prolonged detention before trial.
Legal experts say the growing number of bail orders in recent months may reflect increasing judicial concern over extended incarceration without conclusion of trial.
Advocate Mehmood Pracha said, “The Constitution does not support endless incarceration without conviction. Bail after six years itself raises serious questions about delay in the justice system.”
Malik’s bail comes amid a series of developments in the larger conspiracy case. Recently, the Supreme Court granted interim bail to Khalid Saifi and Tasleem Ahmad, while referring key legal questions on prolonged detention under UAPA to a larger constitutional bench.
The top court observed that the impact of delayed trials on personal liberty may require reconsideration in such cases.
At the same time, some accused, including Umar Khalid and Sharjeel Imam, remain in jail after their bail pleas were rejected earlier.
Families of the accused say the prolonged legal process has taken a deep toll.
A relative of Malik said, “For years the family waited for this day. We only hope the legal process moves fairly and quickly now.”
Political observers say the Delhi riots cases have become intertwined with broader national debates on dissent, minority rights, protest movements and policing.
For many Indian Muslims, the cases are also closely tied to the anti-CAA movement, which emerged from concerns over citizenship, discrimination and constitutional protections.
Delhi-based academic Apoorvanand said, “Many Muslims feel they suffered both during the riots and later during the investigation process. This perception continues to shape community anxiety.”
Even today, survivors in riot-hit areas say memories of the violence remain fresh.
Mohammad Danish, a resident of north-east Delhi, said, “People lost relatives, homes and businesses. Court orders matter because many families feel they have waited years just to see some fairness in the process.”
The granting of bail to Salim Malik is thus being seen not only as a legal development, but also as part of the larger, ongoing debate over justice, accountability and civil liberties in post-riot Delhi.
