Justice Shailendra Kaur, who denied bail to Umar Khalid and co-accused jailed for over five years without trial, retires today. Public speculation grows over her potential post-retirement appointment.
New Delhi: Days after delivering a judgment denying bail to nine people accused in the “larger conspiracy” case linked to the 2020 Delhi riots, Justice Shalinder Kaur reflected on her time as a judge, saying that court decisions carry “real-life implications.”
Justice Kaur made these remarks during her farewell reference at the Delhi High Court, held just before her retirement on September 7.
She said,
“There would be days when there would be a tussle between the head and the heart. Each such matter taught me that adjudications travel much beyond…Throughout my tenure on the bench, I was reminded that the robe we wear bestows an authority which has real-life implications…This institution, with its legacy, majesty, and moral compass, is far greater than any one of us. If I leave behind anything, I hope it is a few words written with compassion, a few orders passed with conviction, and a career defined by hard work and integrity.”
Justice Kaur’s legal journey began after completing her master’s in law in 1988. She joined the Delhi Judicial Service in 1992 and was promoted to the Delhi Higher Judicial Service (DHJS) in 2003.
Ten days after her retirement from DHJS on September 30, 2023, she was recommended for elevation to the Delhi High Court by the Supreme Court Collegium. She was appointed as an additional judge on October 20, 2023, and later became a permanent judge of the high court on December 24, 2024.
While recommending her elevation, the Collegium, led by then Chief Justice of India D Y Chandrachud, noted that
“there is a need to ensure greater representation to women on the Bench to promote diversity and inclusion.”
They also highlighted her
“proven track record” along with “merit and integrity.”
Earlier this week, Justice Kaur, along with a division bench headed by Justice Navin Chawla, pronounced and authored a detailed 133-page verdict refusing bail to activists Umar Khalid, Sharjeel Imam, and seven others.
The accused are facing allegations of involvement in a larger conspiracy connected to the Northeast Delhi riots. Despite the trial not yet beginning, the accused have been in jail for over five years.
In addition to her work on the riot-related case, Justice Kaur in July upheld the conviction of activist Medha Patkar in a defamation case filed in 2000 by V K Saxena, now Delhi’s Lieutenant Governor. Patkar had been accused of calling Saxena a “coward” and alleging his involvement in hawala transactions.
Justice Kaur’s tenure in the Delhi High Court has been marked by her focus on careful adjudication, integrity, and commitment to justice.
Her farewell speech highlighted the human side of judicial decisions, emphasizing that every order and judgment has a real impact on people’s lives, and underscoring her hope to leave behind a legacy of compassion, conviction, and hard work.
Background
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Prashant Bhushan reacted sharply to the High Court’s decision, saying,
“This is Umar Khalid: he used to worry about the poor and backward people of the country. If you listen to any of his speeches, in every speech he talked about non-violence. Because he is a Muslim, Modi’s police have kept him arrested. Even after five years, his trial has not even started, yet the High Court did not grant him bail! What kind of justice is this?”
The nine individuals who had sought bail included Umar Khalid, Sharjeel Imam, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Shadab Ahmed, Abdul Khalid Saifi, and Gulfisha Fatima.
A bench consisting of Justices Navin Chawla and Shailendra Kaur rejected all the bail applications. The bench, in its verdict, simply stated,
“All appeals are dismissed.”
Umar Khalid’s bail journey has been long and complicated. The trial court had initially denied him bail in March 2022. Following this, he approached the Delhi High Court, which also refused relief in October 2022. He then filed a petition in the Supreme Court.
In May 2023, the Supreme Court asked the Delhi Police to respond to the case, but the matter was adjourned 14 times. Later, on February 14, 2024, Umar Khalid withdrew his bail petition in the Supreme Court citing changed circumstances.
Earlier, a Supreme Court bench, which included Justices Bela M Trivedi and Pankaj Mithal, was scheduled to hear his case. However, Senior Advocate Kapil Sibal, representing Khalid, announced the withdrawal of the bail plea.
After this, the trial court rejected his second bail petition on May 28, prompting Khalid to again approach the Delhi High Court.
Other co-accused also filed separate appeals in the High Court after their bail requests were turned down by the trial court. Senior Advocate Trideep Pais represented Umar Khalid in these proceedings.
Umar Khalid has been in custody since his arrest in September 2020. He faces serious charges, including criminal conspiracy, rioting, unlawful assembly, and other offenses under the UAPA.
Despite being in jail for over five years, his trial has not begun, and his attempts to secure bail have so far been unsuccessful. This case marks his second attempt to get bail from the Delhi High Court.
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