Former JNU student activist Umar Khalid is set to have his bail plea heard by the Delhi High Court on Monday. Khalid has been in custody since September 2020 under the Unlawful Activities Prevention Act (UAPA) in connection with the alleged "larger conspiracy" behind the 2020 North-East Delhi riots. The High Court bench comprising Justices Navin Chawla and Shalinder Kaur will be hearing the matter on October 7.
The legal proceedings involving Khalid have seen multiple delays and changes. In July, a bench of Justices Suresh Kumar Kait and Girish Kathpaliya issued a notice to the Delhi Police, asking them to respond to Khalid’s bail plea.
However, following Justice Kait's appointment as the Chief Justice of the Madhya Pradesh High Court, the case has now been reassigned to the bench of Justices Navin Chawla and Shalinder Kaur.
Khalid's bail plea has faced several obstacles over the past years. In July, Justice Amit Sharma of the Delhi High Court recused himself from hearing the plea, after which the case was directed to be listed before a different bench by Justice Prathiba M. Singh. Earlier in May, Khalid's bail application was rejected by a Delhi court, citing delays in trial proceedings and the argument of parity with other co-accused who had been granted bail.
Khalid's legal troubles began when he was arrested in September 2020 under the stringent anti-terror law, UAPA, along with several charges under the Indian Penal Code (IPC).
His first bail application was dismissed by a trial court in April 2022, followed by the Delhi High Court's rejection of his subsequent appeal. In February this year, Khalid withdrew his special leave petition for bail, which was filed before the Supreme Court, citing a "change in circumstances" and sought the option to apply again for bail at the trial court.
The 2020 North-East Delhi riots, which Khalid is alleged to have conspired in, saw violent clashes between supporters and opponents of the Citizenship Amendment Act (CAA).
The violence claimed numerous lives and led to significant property damage, sparking a wave of arrests, including several student activists and community leaders.
The Delhi Police accused Khalid of being part of a larger conspiracy to incite violence during the protests against the CAA, which led to his being booked under the UAPA.
Khalid's arrest and subsequent incarceration have been a topic of debate, with several human rights organisations and activists condemning his detention.
They argue that his arrest was politically motivated, given his vocal criticism of government policies, including the CAA. Khalid himself has consistently denied all charges and maintains that he was being targeted for his activism and outspokenness against policies he views as discriminatory.
His case highlights a broader debate over the use of UAPA, a law that has been criticised by human rights groups for its broad provisions and the potential for misuse.
Khalid's bail plea, if accepted, could have broader implications not only for him but also for other activists who have been detained under similar circumstances.
The UAPA makes it challenging for those accused to secure bail, given its stringent requirements and the burden placed on the accused to prove their innocence at the initial stages.
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