The Supreme Court of India on Monday refused to grant bail to activist Umar Khalid in the high-profile 2020 Northeast Delhi riots "larger conspiracy" case. The decision has drawn sharp disappointment from Khalid's family, who termed it an "unfortunate" and "emotionally draining" verdict delivered without material evidence.
A Prolonged Incarceration and Family's Anguish
Umar Khalid has been in judicial custody since 13 September 2020. He is among 18 individuals accused of orchestrating a "larger conspiracy" behind the communal violence that engulfed Northeast Delhi between 23 and 25 February 2020. The riots resulted in 53 fatalities and left over 700 people injured.
Reacting to the apex court's order, Khalid's father, Syed Qasim Rasool Ilyas, conveyed a profound sense of injustice. "This is an unfortunate decision. There is no evidence that shows that my son has made any anti-national speech or committed any anti-national act. In fact, when the riots happened, he was not even in Delhi," Ilyas told Times of India.
He revealed that the family was confident of bail, especially after Khalid's recent temporary release for a family wedding. "This time when Umar came home, even he was hopeful that he would be getting bail. Unfortunately, it did not happen," Ilyas added, stating his son may now have to wait another year before a fresh bail application.
Court's Reasoning and Contrast with Co-Accused
The Supreme Court bench, comprising Justices Aravind Kumar and NV Anjaria, delivered a 142-page judgment denying bail to Khalid and another co-accused, Sharjeel Imam. The court emphasized that in cases involving charges under the stringent Unlawful Activities (Prevention) Act (UAPA), which implicate state security, delay in trial cannot be an automatic ground for bail.
"In prosecutions alleging offences which implicate the sovereignty, integrity or security of the State, delay does not operate as a trump card that automatically displaces statutory restraint. Rather, delay serves as a trigger for heightened judicial scrutiny," the bench observed.
In a contrasting move, the same bench granted bail to five other co-accused in the case. The court clarified that each appeal was examined independently and the appellants were not on "equal footing" regarding culpability. The charges against Khalid are extensive, including sections of the Indian Penal Code, Prevention of Damage to Public Property Act, Arms Act, and UAPA.
Personal Reactions and the Path Ahead
Umar Khalid's mother, Sabiha Khanum, poignantly remarked, "Pyaar mohabbat ki baatein karne wale ko bail nahi mil rahi hai (a man who spoke of love and harmony is not getting bail)."
Khalid himself, communicating through his partner Banojyotsna Lahiri on social media platform X, reacted with resigned acceptance. "Good good, aa jana. Ab yahi zindagi hai (this is what his life has become)," he stated. He also expressed happiness for the other accused who secured bail.
The court has stipulated that Khalid and Imam can seek bail again after the examination of protected witnesses is complete or after one year from the current order, whichever is earlier. The legal battle stems from a Delhi High Court order dated 2 September 2025, which had also denied them bail. The 2020 riots erupted amidst widespread protests against the Citizenship (Amendment) Act and the National Register of Citizens.
