Umar Khalid Seeks Supreme Court Review of Bail Denial in Delhi Riots Case
Student activist Umar Khalid has approached the Supreme Court, filing a review petition against a verdict that denied him bail in connection with the conspiracy behind the 2020 Delhi riots. The court had earlier observed that there were reasonable grounds to believe the allegations against him.
Request for Open-Court Hearing
Senior advocate Kapil Sibal, representing Khalid, requested a bench comprising Justices Aravind Kumar and NV Anjaria to list the review petition for an open-court hearing. Sibal informed the court that the matter is scheduled for consideration in chambers on April 16, and an application has been filed seeking an open-court proceeding.
Justice Kumar responded, "We will look into the papers. If required, we will call it." According to Supreme Court rules, review petitions are typically considered in chambers by the judges who delivered the original judgment, aiming to remedy apparent errors or grave injustices resulting from the decision. Parties can request an open-court hearing to address such injustices.
Background of the January 5 Verdict
On January 5, the Supreme Court denied bail to Umar Khalid and Sharjeel Imam while granting it to five other accused: Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan, and Shadab Ahmad. The court imposed 11 conditions on the bail and warned that any misuse of liberty would lead to cancellation.
The court emphasized that all accused do not stand on the same footing, noting a qualitative difference in culpability. It stated that Khalid and Imam were involved in the "planning, mobilisation and strategic direction" of the riots, based on prosecution material, and that there was a prima-facie case against them under the Unlawful Activities (Prevention) Act (UAPA).
Legal Provisions and Conditions
The court cited Section 43D(5) of the UAPA, which requires denial of bail if reasonable grounds exist to believe the accusation is prima-facie true. It also highlighted that delay in trial does not automatically override statutory safeguards, and each bail application must be examined individually based on the hierarchy of participation.
Khalid and Imam, incarcerated since 2020, were told they could file fresh bail pleas after the examination of protected witnesses or after one year from the order date. The court balanced the guarantee of liberty under Article 21 of the Constitution with concerns for community security, trial integrity, and public order.
Context of the Delhi Riots
The February 2020 riots in northeast Delhi erupted during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC), resulting in 53 deaths and over 700 injuries. The Delhi Police arrested 18 people in the conspiracy case, with 11 having received bail so far.
Khalid was arrested on September 13, 2020, for alleged provocative speeches during former US President Donald Trump's visit to India. Imam was arrested on January 28, 2020, for speeches during anti-CAA protests and later in the conspiracy case in August 2020. The police contended the riots were an orchestrated attack on India's sovereignty, not spontaneous.
Prosecution's Allegations
The prosecution alleged that Khalid and Imam played a "central and formative role" extending beyond episodic acts, involving planning and strategic direction. All seven accused were booked under UAPA and IPC provisions as alleged "masterminds" of the riots. The Supreme Court's January order reiterated that the prosecution material disclosed prima-facie allegations justifying their continued detention at this stage.
