Student activist Umar Khalid on Thursday approached the Delhi High Court for the third time seeking bail in a case related to the alleged criminal conspiracy behind the 2020 Delhi riots. Khalid, who has been booked under the Unlawful Activities (Prevention) Act (UAPA), challenged a trial court order that rejected his latest bail application on July 4. Khalid's appeal against the trial court decision is expected to be taken up by the Delhi High Court on Friday. Along with the regular bail plea, he has also filed an application seeking interim bail until the Supreme Court decides a significant legal question concerning prolonged incarceration and delays in trial proceedings under stringent laws such as the UAPA.
The issue before the Supreme Court relates to whether extended detention and delays in completing trials can become grounds for granting bail despite restrictions imposed under special laws. The matter was referred to a larger bench after two Supreme Court benches delivered differing views on the issue. Khalid's legal team has argued that the outcome of the larger bench proceedings could have an impact on his bail request. In his appeal before the Delhi High Court, Khalid has claimed that the trial court made an error while rejecting his plea for relief.
His lawyers have argued that the circumstances of the case and the delay in trial proceedings should be considered while deciding his continued detention. The trial court had dismissed Khalid's fresh bail application, observing that the Supreme Court had already rejected earlier pleas filed on similar grounds. The court had relied on previous judicial findings while declining to grant relief. However, Khalid approached the trial court again after developments in the Supreme Court proceedings raised questions over the earlier rejection of bail applications.
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Khalid had filed the fresh bail application after a Supreme Court bench on May 18 expressed reservations regarding an earlier judgment delivered by another bench on January 5, which had denied bail pleas in the matter. The observations led to renewed legal arguments over the interpretation of bail provisions under the UAPA and the rights of accused persons facing lengthy trials. The case relates to allegations of a larger conspiracy behind the communal violence that broke out in parts of Delhi in February 2020 during protests against the Citizenship Amendment Act (CAA).
Delhi Police have invoked provisions of the UAPA and other sections of criminal law against several accused persons, alleging that the violence was part of a broader conspiracy. Khalid and other accused persons have denied the allegations and maintained that they have been falsely implicated. The case has remained under judicial scrutiny due to questions surrounding bail standards, trial delays and the application of stringent anti-terror laws. The Delhi High Court will now examine Khalid's latest plea, along with his request for interim relief, as the broader legal debate over prolonged incarceration under special laws continues before the Supreme Court.
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