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Umar Khalid moves Supreme Court after being denied bail in Delhi riots case
On September 2, the high court had dismissed bail pleas filed by nine accused, including Umar Khalid and activist Sharjeel Imam.
Activist Umar Khalid has approached the Supreme Court challenging the Delhi High Court's recent order that denied him bail in the Unlawful Activities (Prevention) Act (UAPA) case linked to the alleged conspiracy behind the February 2020 communal riots in the national capital.
On September 2, the high court had dismissed bail pleas filed by nine accused, including Khalid and activist Sharjeel Imam, observing that violence “under the garb of demonstrations or protests” could not be permitted. Those who faced rejection also include Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Abdul Khalid Saifi, Gulfisha Fatima, and Shadab Ahmed. A separate bench of the high court also dismissed the bail plea of another co-accused, Tasleem Ahmad, the same day.
Last week, Imam and Fatima had already moved the apex court against the high court order.
In its verdict, the Delhi High Court underlined that while the Constitution protects the right to protest under Article 19(1)(a), the right is not absolute and must remain within “reasonable restrictions.” “If the exercise of an unfettered right to protest were permitted, it would damage the constitutional framework and impinge upon the law-and-order situation in the country,” the bench of Justices Navin Chawla and Shalinder Kaur observed.
The accused were arrested under UAPA and provisions of the Indian Penal Code (IPC) for allegedly being the “masterminds” of the 2020 Delhi riots, which left 53 people dead and more than 700 injured. The violence erupted during protests against the Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC).
The bail pleas before the high court were filed after trial courts had earlier rejected them. The accused argued that they had already spent over four years in custody without the trial concluding, and sought parity with co-accused Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha, who were granted bail in 2021.
The Delhi Police, opposing the bail, reiterated that the riots were not “spontaneous” but a “well-planned, well-orchestrated conspiracy” designed to divide communities and embarrass India globally. Solicitor General Tushar Mehta, along with Special Public Prosecutor Amit Prasad, argued that the seriousness of the charges under UAPA required continued detention.
Khalid, Imam, and the others have consistently denied the allegations, calling the case politically motivated. They remain in custody since 2020, with only brief periods of interim bail granted.
