Former JNU scholar Umar Khalid, arrested under the Unlawful Activities (Prevention) Act (UAPA) for alleged conspiracy in the 2020 Delhi riots, argued before the Delhi High Court on Thursday that his case for bail is stronger than co-accused individuals already granted relief. Represented by Senior Advocate Trideep Pais, Khalid emphasized disparities in charges, trial delays, and procedural flaws in the prosecution’s case.
The prosecution accused Khalid of using WhatsApp groups like DPSG and JCC to orchestrate violence. Pais dismissed these claims, stating Khalid’s mere presence in the groups—without active participation—does not establish criminality.
“Merely being in a WhatsApp group is not criminally wrong. Khalid sent only five messages in the DPSG group, sharing protest site locations. He never posted in the JCC group, and allegations of creating it are hearsay,” Pais argued.
He highlighted that co-accused Devangana Kalita and Natasha Narwal, also part of these groups, are already on bail despite similar charges.
Read Also:- Delhi High Court Upholds Acquittal in POCSO Case, Stresses Consent and Age Proof Challenges
Pais underscored that other accused, including Ishrat Jahan and Devangana Kalita, allegedly played more active roles yet secured bail.
“Ishrat Jahan and Devangana Kalita have far greater involvement than Khalid. Their bail approvals set a precedent,” he stated.
The court questioned if Khalid’s prolonged incarceration (over four years) and trial delays constituted “changed circumstances” for granting bail. Pais affirmed, citing a 2022 Supreme Court ruling allowing deeper scrutiny of witness statements under UAPA.
Read Also:- Kerala HC Contempt Case Filed Against ASHA Workers’ Protest for Blocking Roads and Footpaths in Trivandrum
Khalid’s legal team emphasized the prosecution’s failure to frame charges or examine 800 witnesses in five years.
“The trial hasn’t progressed. Four-and-a-half years in custody, coupled with indefinite delays, violates his right to a speedy trial,” Pais argued.
The division bench of Justices Navin Chawla and Shalinder Kaur reserved judgment, seeking clarity on legal precedents. The case will resume next month, alongside bail pleas from Sharjeel Imam, Gulfisha Fatima, and others.
Case Background
FIR 59/2020, filed by Delhi Police’s Special Cell, accuses Khalid and 16 others, including Tahir Hussain and Sharjeel Imam, of conspiracy under UAPA and IPC. Charges relate to the February 2020 riots, which left 53 dead and hundreds injured.
The accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan and Natasha Narwal.
Case Title: Umar Khalid v. State and other connected matters
