The Umar Khalid Case: Four Years in Jail and Still No Trial

 

Umar Khalid: Four Years in Jail Without Trial

As of September 14, 2024, Umar Khalid, a former Jawaharlal Nehru University (JNU) student and activist, has spent four years in Tihar Jail without trial or bail. Khalid was arrested by Delhi Police’s Special Cell on September 14, 2020, under the Unlawful Activities (Prevention) Act (UAPA), accused of being a key conspirator in the February 2020 north-east Delhi riots, which resulted in the deaths of 53 people, predominantly Muslims.

Ongoing Legal Battles

Despite multiple bail applications, Khalid’s requests have been denied repeatedly. The Karkardooma Court first denied bail in March 2022. His subsequent appeals to the Delhi High Court and the Supreme Court have also been unsuccessful. His bail plea has been adjourned 14 times as of February 2024, often due to various procedural issues, including lawyer absences and requests for adjournments by either side.

Case Context

In the wake of the riots, over 2,500 individuals were arrested. Lower courts have granted bail to over 2,000 people, frequently criticizing the police for inadequate investigations. Khalid is implicated in a broader conspiracy case alongside 17 others, many of whom are currently out on bail.

Current Status

On February 14, 2024, Khalid withdrew his Supreme Court bail application citing “changed circumstances” and re-applied to the trial court. His latest bail plea, filed on May 28, 2024, was again denied. The High Court is currently reviewing his case, with a Bench of Justices Suresh Kumar Kait and Girish Kathpalia examining the police’s stance.

Legal Insights

Recent Supreme Court judgments emphasize that "bail is the rule, jail is the exception," even under special statutes like UAPA. In August 2023, Justices Abhay S. Oka and Augustine George Masih reaffirmed this principle, asserting that denying bail in deserving cases violates fundamental rights. Senior Advocate Sanjay Hegde notes that different Supreme Court Benches might interpret such cases variably, affecting Khalid’s bail prospects.

Public and Legal Perspectives

Banojyotsna Lahiri, Khalid’s partner, has expressed deep concern over his prolonged incarceration without trial, hoping for a fair hearing soon. Meanwhile, the broader legal and public discourse continues to scrutinize the prolonged detention of accused individuals under stringent laws like UAPA.

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