Delhi High Court’s Upcoming Joint Hearing on Bail Pleas
The Delhi High Court has scheduled a joint hearing for the bail petitions of former JNU scholar Umar Khalid and co-accused Sharjeel Imam, both implicated in the Delhi Riots conspiracy case. The hearing is set for August 27, 2026, following a notice issued to the Delhi Police by a bench comprising Justices Prathiba M Singh and Vikas Mahajan.
During the proceedings, the court also considered Khalid’s request for interim bail. This request seeks temporary relief pending the Supreme Court’s decision on whether Article 21, which ensures the right to life and personal liberty, can override the stringent bail restrictions imposed by Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA).
Background of the Case
Khalid’s previous bail application was denied by a trial court on July 4, 2026, citing adherence to a Supreme Court order from January 2026. This order had previously denied bail to both Khalid and Imam, specifying conditions under which future bail applications could be considered. Khalid’s appeal to the High Court marks his third attempt to secure bail, with prior applications having been rejected by both the trial court and the Supreme Court.
The case revolves around the violent incidents that erupted in North-East Delhi in 2020, following protests against the Citizenship Amendment Act (CAA). The riots resulted in over 50 fatalities and numerous injuries. Khalid, alongside other accused, is alleged to have orchestrated a larger conspiracy to incite these riots. The charges against Khalid include criminal conspiracy and multiple offenses under the IPC and UAPA, leading to his imprisonment since September 2020.
Supreme Court’s Stance and Legal Proceedings
Earlier this year, the Supreme Court granted bail to five co-accused but maintained its stance against granting bail to Khalid and Imam. However, subsequent observations by a different Supreme Court bench questioned this decision, suggesting that bail should generally be favored over incarceration, even in UAPA cases. The bench also highlighted that the denial of Khalid’s bail seemed inconsistent with principles established in the KA Najeeb case, which advocated for bail in instances of prolonged trial delays. Consequently, this legal issue has been referred to a larger Supreme Court bench for further deliberation.
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In light of these developments, Khalid has renewed his bail application, citing the lack of substantial progress in trial proceedings even six months after the Supreme Court’s decision. Senior Advocate Trideep Pais, representing Khalid, emphasized the ongoing delay in completing arguments on the charges.
Court’s Response and Next Steps
During the court session, Additional Solicitor General SV Raju proposed consolidating Khalid’s case with existing matters scheduled for August 27. Responding to this, Pais noted the filing of an interim bail application, prompting the court to issue a notice to the Delhi Police and schedule further discussions on the same date.
The legal community and public await the outcome of this significant hearing, which could potentially set a precedent for future bail considerations in UAPA cases.
