On Tuesday May 28, the Karkardooma Court in Delhi denied bail to activist and former Jawaharlal Nehru University (JNU) student Umar Khalid in connection with the Northeast Delhi riot case from February 2020. Additional Session Judge Sameer Bajpai of the Karkardooma Court dismissed Mr Khali’s plea.
After withdrawing his plea from the Supreme Court and citing a change in circumstances, Khalid had submitted this bail request before the trial court on the basis of delay and parity with other accused persons.
Umar Khalid was accused of being a “key conspirator” in the violent clashes that killed 53 people, mostly Muslims, in February 2020. He denied the charges, stating that he only participated in a peaceful protest.
Following his arrest in September 2020, Khalid faced charges under the Unlawful Activities Prevention Act (UAPA) for criminal conspiracy, rioting, unlawful assembly, and various other offenses. Since then, he has been detained in jail.
Khalid, who was booked under the Unlawful Activities (Prevention) Act, informed the court of Additional Sessions Judge Sameer Bajpai earlier that other accused facing graver allegations had already been out on bail and that people allegedly involved in similar activities had not even been named as the accused by the Delhi police..
Opposing bail, the Delhi Police said, “The detention of the petitioner in judicial custody (in jail) is warranted, essential and necessary for fearless, truthful and freely deposition of protected witnesses by the trial court.”
In a case pertaining to riots that was filed in February 2020, Delhi’s Karkardooma Court dismissed Khalid in 2022. The court had also released Khalid Saifi, a member of United Against Hate, alongside him. But since they haven’t been granted bail in a case under the Unlawful Activities (Prevention) Act (UAPA), both have remained in judicial prison.
In March 2022, Khalid was first denied bail by the trial court. After that, he went to the high court, which in October 2022 likewise rejected his request for relief, leading him to file an appeal with the highest court.
In May 2023, the Supreme Court sought the response of the Delhi Police in the matter. His plea before the Supreme Court was then adjourned 14 times.
“The repeated denial of bail to Umar Khalid is a huge blow to everyone exercising their rights to freedom of expression and peaceful assembly in the country. Umar’s continued detention for over 18 months comes against the backdrop of a rapidly shrinking space for critical voices and sets a chilling precedent for anyone whose views the authorities disagree with”, said Aakar Patel, Amnesty International India’s Chair of Board.
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