Delhi HC Seeks Police Stand on Umar Khalid's Bail in 2020 Riots Case
The Delhi High Court on Friday sought the response of the Delhi Police on a bail plea filed by Umar Khalid, an accused in the larger conspiracy case linked to the February 2020 riots in north-east Delhi. Khalid, who has been in custody since September 2020, is booked under the Unlawful Activities (Prevention) Act (UAPA).
A bench of Justices Prathiba M. Singh and Vikas Mahajan issued a notice in the matter, directing the police to file its reply within two weeks. The court scheduled the next hearing for August 27, when the bail plea of co-accused Sharjeel Imam is also listed.
Khalid's counsel told the court that this was the activist's third bail application since his arrest. The counsel also sought interim bail. Khalid has challenged the order of a trial court dated July 4, which dismissed his bail application.
Additional Solicitor General S. V. Raju, appearing for the Delhi Police, informed the bench that Imam's bail plea was rejected by the same trial court order. He suggested that both matters could be heard together.
The February 2020 riots in north-east Delhi left 53 people dead and more than 700 injured. The violence erupted during protests against the Citizenship (Amendment) Act, 2019, and the National Register of Citizens. According to the prosecution, the riots were a pre-planned conspiracy, and several individuals, including Khalid, were named in the case.
Besides Khalid and Imam, the accused in the larger conspiracy case include activists Khalid Saifi and former AAP councillor Tahir Hussain. The case is being investigated by the Delhi Police's Special Cell.
In its July 4 decision, the trial court said it had "no option but to follow" the Supreme Court's January 5 order and, therefore, could neither entertain the plea nor grant relief. The reference is to a Supreme Court judgment that upheld the denial of bail to Khalid and Imam.
On September 2, 2025, a division bench of the Delhi High Court had denied bail to Khalid. The Supreme Court upheld that verdict on January 5, but allowed bail for five other co-accused: Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan, and Shadab Ahmad.
A bench of Justices Aravind Kumar and N. V. Anjaria had observed that there was a prima facie case against Khalid and Imam under the UAPA. The court noted that all accused could not be treated equally in view of the "hierarchy of participation" alleged by the prosecution.
The issuance of a notice is a procedural step and does not reflect the court's view on the merits of the bail plea. The bench has asked the police to file its response so that it can consider the case comprehensively.
The upcoming hearing on August 27 will see the court consider both Khalid's and Imam's bail pleas alongside the police's responses. The case has drawn attention due to the stringent nature of the UAPA, under which bail provisions are restrictive. The trial court's earlier rejection was based on the Supreme Court's observations, which lower courts are bound to follow.
The legal proceedings remain a significant test of the balance between national security concerns and individual liberty. The High Court's decision on Khalid's bail application will be closely watched by legal observers and civil rights groups.
