Is It the Last Option? After Sharjeel Imam, Umar Khalid Moves To Supreme Court Against HC’s Denial Of Bail In Delhi Riots Case

Former Jawaharlal Nehru University (JNU) student Umar Khalid has knocked on the Supreme Court’s doors for bail in the 2020 Delhi Riots Case. He approached the apex court after the Delhi High Court rejected his bail plea in the larger conspiracy case under the Unlawful Activities Prevention Act (UAPA) in relation to the riots.

Khalid has challenged the September 2 Delhi High Court’s order in which he and eight others were denied bail.

The riots occurred during protests against the then-proposed Citizenship Amendment Act (CAA). As per official records, 53 persons were killed and several others were injured.

Most of the accused in the Delhi riots case were booked in multiple FIRs, and most of them have been in custody since 2020. Umar Khalid was arrested in September 2020 under the Unlawful Activities Prevention Act (UAPA) and several provisions of the Indian Penal Code.

His bail was denied by the trial court in March 2022. Later, the Delhi High Court also rejected his bail pleas.

What Next If The Apex Court Denies Bail?

Live Law reported that the Delhi High Court observed that, prima facie, the role of Umar Khalid in the entire conspiracy is “grave”, having delivered inflammatory speeches on communal lines to “instigate mass mobilisation of members of the Muslim community.”

The question arises as to what would happen if the Supreme Court denies bail to Umar Khalid. However, the apex court has already granted bail in the case registered under the Unlawful Activities (Prevention) Act. In 2022, the Supreme Court granted bail to journalist Siddique Kappan. And, in 2021, the apex court also granted bail to Asif Iqbal Tanha and KA Najeeb, who spent five years in jail.

Further Legal Remedy For Umar Khalid

If the Supreme Court grants him bail, he will come out of jail. It will be a precedent for other co-accused to get bail.

If the apex court denies bail, he will have to remain in jail as the trial is yet to start in the lower court.

Following the Supreme Court’s denial of bail, Imam will have no option for regular bail. He can only apply for bail with fresh applications before the trial court, then the High Court, with fresh arguments and changed circumstances.

He can also apply for a speedy trial of his case under Article 32 before the Supreme Court or under Article 226 before the High Court, citing a violation of fundamental rights.

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