Delhi Riots Case: Umar Khalid Seeks Supreme Court Intervention After HC Bail Setback
Syed Ali Taher Abedi
New Delhi, September 10: Former Jawaharlal Nehru University (JNU) scholar and civil rights activist Umar Khalid has approached the Supreme Court of India seeking bail in connection with the 2020 Delhi riots conspiracy case. Khalid, who has been in custody for over five years, was booked under the stringent Unlawful Activities (Prevention) Act (UAPA) and other provisions of the Indian Penal Code (IPC) following the registration of FIR No. 59/2020 by the Delhi Police.
The bail plea comes in the wake of a recent setback at the Delhi High Court, which rejected Khalid’s application for regular bail on September 2. The division bench comprising Justice Naveen Chawla and Justice Shalinder Kaur held that the allegations against Khalid, prima facie, warranted continued detention under the UAPA framework. The court observed that the material on record suggested a “conspiratorial meeting of minds” behind the alleged orchestration of violence during the northeast Delhi riots in February 2020.
“Any conspiratorial violence under the garb of protests or demonstrations by the citizens cannot be permitted. Such actions must be regulated and checked by the State Machinery, as they do not fall within the ambit of the Freedom of Speech, Expression, and Association.”
FIR 59/2020, considered one of the central cases in the Delhi riots investigation, includes charges ranging from criminal conspiracy and sedition to promoting enmity between groups and unlawful assembly. Khalid was arrested in September 2020 and has remained incarcerated since, with multiple bail pleas being denied at various judicial levels. Conspiratorial meetings on 23/24.01.2020 and 16/17.02.2020, wherein co-accused Umar Khalid allegedly instructed them to escalate the protests into riots by resorting to violence and by using chilli powder, sticks, stones, etc., and to coordinate chakka-jams during the visit of the President of the USA. It is further alleged that the Appellant had blocked the road near Jafrabad Metro Station and instigated women to resort to violence against policemen, for which FIR No. 44/2020 was registered at P.S. Jafrabad. There is also an allegation against her of having received funds from the co-accused Tahir Hussain to support the riots.”
In his Special Leave Petition (SLP) before the Supreme Court, Khalid has challenged the High Court’s interpretation of the evidence and its application of UAPA provisions, arguing that his continued detention violates his fundamental rights and lacks substantive justification. His legal team contends that the prosecution has failed to establish direct involvement in any act of violence and that the case relies heavily on speculative inferences and selective witness statements.
The Supreme Court is expected to list the matter for preliminary hearing in the coming weeks. The outcome of this appeal could have significant implications for the interpretation of UAPA in cases involving protest-related violence and the broader debate on civil liberties in India.
