Follow Umar Khalid’s bail journey, from the Trial Court denial to the Delhi High Court rejection, as the Supreme Court defers his plea hearing to September 19, highlighting key developments in this high-profile legal case.
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NEW DELHI: Umar Khalid, a former Jawaharlal Nehru University (JNU) student and activist, has been at the center of some of India’s most high-profile legal battles in recent years. His journey through the Indian judicial system has spanned nearly a decade, raising questions about freedom of speech, sedition laws, and the Unlawful Activities (Prevention) Act (UAPA).
Let’s trace the major developments in Umar Khalid’s legal battle, with a focus on his bail proceedings.
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Arrest and Sedition Case (March 2016)
In March 2016, Umar Khalid was arrested for allegedly chanting “anti-national” slogans during a protest at JNU. He was booked under Section 124A of the Indian Penal Code (IPC), which criminalizes sedition. Khalid, upon receiving bail, stated,
“We have no regrets of being jailed in this particular case. We are in fact proud of the fact that we have been booked under sedition.”
This marked the beginning of a series of legal challenges that Khalid would face over the years.
FIRs and Delhi Riots Allegations (2020–2021)
Khalid’s legal troubles intensified after the 2020 Delhi Riots, triggered during protests against the Citizenship Amendment Act (CAA).
- FIR 59/2020: Filed by Delhi Police, accusing Khalid and activist Sharjeel Imam of instigating riots and participating in a conspiracy.
- FIR 101/2020: Filed for vandalism and arson in Northeast Delhi’s Khajuri Khas area.
Khalid was charged under multiple sections of the IPC, the UAPA, and the Arms Act. These included serious offenses such as rioting, murder, terrorist activities, and criminal conspiracy.
In April 2021, Khalid received bail for FIR 101, but remained in judicial custody for FIR 59.
Bail Pleas and Legal Arguments (2021–2022)
Khalid filed for bail in July 2021, represented by Advocate Trideep Pais. His defense argued that:
- Witness statements were contradictory and inconsistent.
- The charge sheet misrepresented facts and forced a communal angle on the otherwise secular CAA protests.
- Mere participation in WhatsApp groups does not constitute criminality.
The prosecution, led by Special Public Prosecutor Amit Prasad, argued that Khalid’s involvement in WhatsApp groups like the Delhi Protest Support Group (DPSG) demonstrated intent to undermine the government and incite riots.
After months of hearings, the Sessions Court denied bail in March 2022. Khalid then appealed to the Delhi High Court, which scheduled multiple hearings throughout 2022.
Bail Pleas in Delhi High Court (2022–2023)
- May 2022: The High Court debated Khalid’s alleged seditious speeches and set a schedule to conclude hearings before summer vacation.
- October 2022: Bail denied again, citing prima facie evidence for offenses including UAPA charges.
- December 2022 – January 2025: Khalid received only two occasions of interim bail, including attending a family marriage. Restrictions included gag orders and limited interactions.
- December 2024 – July 2025: Lawyers argued that extended incarceration without trial justified bail, while the prosecution emphasized the seriousness of the allegations.
Delhi High Court Rejects Bail (2 September 2025)
The Delhi High Court, after reviewing 3,000 pages of charge sheets and 30,000 pages of electronic evidence, rejected Khalid’s bail plea. The court cited:
- Alleged premeditated and well-orchestrated conspiracy behind the Delhi Riots.
- Inflammatory speeches allegedly contributed to the riots.
- The trial is progressing at a “natural pace,” with bail not justified solely by delay.
Supreme Court Appeal (10–12 September 2025)
Khalid appealed the Delhi High Court decision to the Supreme Court. On 12 September 2025, his plea was listed before a Division Bench of Justices Aravind Kumar and N.V. Anjaria and adjourned to 19 September 2025.
Click Here to Read Previous Reports on Delhi Riots Case