Student activist Umar Khalid has approached the Supreme Court seeking a review of its previous verdict that denied him bail in the 2020 Delhi riots conspiracy case. The move comes after the apex court earlier observed that there were reasonable grounds to believe the allegations leveled against him under the Unlawful Activities (Prevention) Act (UAPA).
During a brief mention on Tuesday, senior advocate Kapil Sibal, representing Khalid, requested a bench comprising Justices Aravind Kumar and N V Anjaria to list the review petition for an open-court hearing. Sibal informed the court that the matter is scheduled for consideration by judges in chambers on April 16. In response, Justice Kumar stated, “We will look into the papers. If required, we will call it.”
Under the Supreme Court’s rules, review petitions are typically considered in chambers by the judges who delivered the original judgment. This process is intended to remedy apparent errors or grave injustices resulting from a decision. However, petitioners can request an open-court hearing to argue why the decision requires rectification.
Khalid’s petition challenges the January 5 verdict where the top court refused bail to him and co-accused Sharjeel Imam. At the time, the court had noted that the prosecution material prima facie suggested their involvement in the “planning, mobilisation and strategic direction” of the riots.
While the court denied relief to Khalid and Imam, it granted bail to five other activists: Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan, and Shadab Ahmad. The bench clarified that “all the accused do not stand on the same footing,” noting that Khalid and Imam occupied a “qualitatively-different” position due to their alleged “central and formative role” in the conspiracy.
The court further emphasized that while Article 21 (Right to Liberty) is of foundational importance, it must be balanced against community security and the integrity of the trial process. It ruled that section 43D(5) of the UAPA necessitates the denial of bail if accusations appear prima facie true based on the chargesheet.
The case stems from the violence that erupted in northeast Delhi in February 2020 during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC). The riots resulted in 53 deaths and left over 700 people injured.
The Delhi Police arrested 18 individuals in connection with the wider conspiracy case, 11 of whom have secured bail to date. Khalid was arrested on September 13, 2020, specifically for allegedly delivering provocative speeches during the visit of then-U.S. President Donald Trump. Sharjeel Imam was arrested in August 2020 for his alleged role in the conspiracy after having been previously detained for speeches made in January 2020.
The Supreme Court had previously noted that Khalid and Imam could file fresh bail pleas after the examination of protected witnesses or after one year from the date of the January order.
