Umar Khalid moves Supreme Court for bail in Delhi riots conspiracy case

Former Jawaharlal Nehru University (JNU) student Umar Khalid has approached the Supreme Court seeking bail in the larger conspiracy case under the Unlawful Activities Prevention Act (UAPA) in relation to the 2020 North East Delhi riots [Umar Khalid v. State of NCT Delhi].

Khalid has challenged the Delhi High Court's September 2 order in which he and eight others were denied bail.

The riots occurred in February 2020 following clashes over the then-proposed Citizenship Amendment Act (CAA). As per the Delhi Police, the riots caused the death of 53 persons and injured hundreds.

The present case pertains to allegations that the accused had hatched a larger conspiracy to cause multiple riots. The FIR in this case was registered by a Special Cell of the Delhi Police under various provisions of the Indian Penal Code (IPC) and the UAPA.

Most of the accused were booked in multiple FIRs, leading to multiple bail petitions before different courts. Most have been in custody since 2020.

Umar Khalid was arrested in September 2020 and charged with criminal conspiracy, rioting, unlawful assembly as well as several other offences under the Unlawful Activities Prevention Act (UAPA).

He has been in jail since then. This is the second time he has approached the High Court for bail.

The trial court had first denied bail to him in March 2022. He then approached the High Court. which also denied him relief in October 2022, prompting him to file an appeal before the top court.

In May 2023, the Supreme Court sought the response of the Delhi Police in the matter. His plea before the top court was then adjourned 14 times.

On February 14, 2024, he withdrew his bail plea from the Supreme Court  citing a change in circumstances.

On May 28, the trial court rejected his second bail petition. Appeal against the same was dismissed by the Delhi High Court on September 2.

The High Court noted that Umar Khalid delivered speeches in Amravati which coincided with the visit of US President Donald Trump, and the same cannot be lightly brushed aside.

It further observed that Imam had a grave in the entire conspiracy and delivered "inflammatory speeches on communal lines to instigate a mass mobilization of members of the Muslim Community".

In response to Khalid's argument on delay in trial as a result of which he has been behind bars for 5 years without conviction, the High Court noted that the Delhi Police has filed a chargesheet running into 3,000 pages, with an additional 30,000 pages of electronic evidence.

The Court recorded that the police had carried out a detailed investigation, leading to the arrest of several people and, in such a background, "the pace of the trial will progress naturally".

Therefore, a hurried trial in the case would be detrimental to both the accused and the State, the High Court said while rejecting the bail plea.

This prompted the present appeal before the Supreme Court.