In the Delhi Riots Conspiracy case, activist Umar Khalid has moved the Supreme Court seeking bail. His plea challenges the earlier rejection by the Delhi High Court, raising significant questions on liberty, due process, and justice.
Umar Khalid, a former student of Jawaharlal Nehru University (JNU), filed a bail application with the Supreme Court regarding the larger conspiracy case linked to the 2020 North East Delhi riots, which falls under the Unlawful Activities Prevention Act (UAPA).
He is contesting a September 2 decision by the Delhi High Court that denied bail to him and eight others.
These riots, which erupted in February 2020, were triggered by conflicts over the proposed Citizenship Amendment Act (CAA). According to the Delhi Police, the violence resulted in 53 deaths and numerous injuries.
The case involves allegations that the accused orchestrated a broader conspiracy aimed at inciting multiple riots. A FIR was lodged by the Special Cell of the Delhi Police, citing various sections of the Indian Penal Code (IPC) and the UAPA.
Many of the accused face charges in multiple FIRs, leading to several bail petitions being filed in different courts. Most have remained in custody since 2020.
Khalid was arrested in September 2020 and faces charges of criminal conspiracy, rioting, unlawful assembly, and other offenses under the UAPA. He has been incarcerated since then and has sought bail from the High Court on two occasions.
Initially, the trial court denied his bail request in March 2022. After the High Court also rejected his plea in October 2022, he escalated the matter to the Supreme Court. In May 2023, the Supreme Court requested a response from the Delhi Police regarding his case, but his plea was adjourned 14 times.
Earlier, On February 14, 2024, Khalid withdrew his bail application from the Supreme Court, citing changed circumstances.
Following this, the trial court rejected his second bail petition on May 28, and the Delhi High Court dismissed his appeal against this decision on September 2.
The High Court remarked that Khalid’s speeches in Amravati coincided with the visit of US President Donald Trump and emphasized that this cannot be taken lightly.
It also stated that Khalid had a significant role in the conspiracy, having delivered “inflammatory speeches on communal lines to instigate a mass mobilization of members of the Muslim Community.”
In response to Khalid’s claim regarding the prolonged trial, which has kept him incarcerated for five years without conviction, the High Court pointed out that the Delhi Police had submitted a chargesheet of 3,000 pages, along with an additional 30,000 pages of electronic evidence.
The Court acknowledged that the police conducted a thorough investigation, resulting in numerous arrests, and concluded that “the pace of the trial will progress naturally.”
It further asserted that a rushed trial would be detrimental to both the accused and the State, leading to the denial of Khalid’s bail request and prompting his current appeal to the Supreme Court.
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