A Delhi court on Tuesday rejected the interim bail plea of activist and former JNU student leader Umar Khalid in the 2020 Delhi riots conspiracy case. Khalid had sought temporary bail for 15 days to attend the chehlum (40-day mourning ritual) of his uncle and to care for his mother, who is scheduled to undergo surgery.
Additional Sessions Judge Sameer Bajpai of the Karkardooma Court ruled that the reasons presented for interim relief were not strong enough to justify bail.
The court observed that attending the chehlum of his uncle was “not that necessary” because the deceased was not an immediate family member.
“The court is of the view that attending the chehlum of his uncle is not that necessary. Things would have been different if the ceremony was of a person who was in immediate relation with the applicant,” the judge said.
The court also questioned why Khalid had not sought relief immediately after his uncle’s death, noting the delay in filing the application.
“If the relationship was so immediate and thick, the applicant would have asked for the release at the time of the death of his uncle, and not now, after such a long time,” the order stated.
Court Says Family Can Care for Umar Khalid’s Mother
On the issue of Khalid’s mother’s health, the court noted that he has five sisters and a father who could assist in her care. Khalid had argued that his sisters live away from the family home and that his elderly father, aged 71, may not be able to manage her post-surgery care alone.
However, the court found the medical grounds insufficient, observing that the procedure involved the removal of lumps and did not require Khalid’s presence.
“The surgery is very simple… and there seems to be no actual requirement or help from the side of the applicant,” the court said while dismissing the plea.
Supreme Court Recently Questioned Earlier Bail Denial
The order came a day after the Supreme Court questioned an earlier decision denying bail to Khalid and co-accused Sharjeel Imam in the same case.
A bench of the apex court recently observed that “bail is the rule and jail is the exception,” even in cases filed under the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA).
The Supreme Court also noted that an earlier bench may have overlooked the precedent set in the Union of India vs KA Najeeb case, which held that prolonged incarceration and delayed trials can justify granting bail under anti-terror laws.
Meanwhile, the Delhi Police has asked the Supreme Court to refer the issue of bail under UAPA to a larger bench, citing conflicting judicial interpretations.
Umar Khalid Remains in Jail Since 2020
Khalid has been in custody since 2020 in connection with the alleged larger conspiracy behind the northeast Delhi riots. He is among several accused booked under UAPA in the case.
While he has received interim bail on previous occasions — including to attend family events — the court stressed that each bail request must be examined independently.
“Every fresh application has to be considered on its own merits and should be allowed only when the grounds are reasonable,” the court said.
