Supreme Court Issues notice in Umar Khalid’s plea for bail

Bench: Justices Aravind Kumar, N.V. Anjaria

Today, the Supreme Court issued notice on bail pleas filed by Umar Khalid and several co-accused in connection with the February 2020 Delhi riots that erupted during protests against the Citizenship (Amendment) Act, 2019 (CAA).

Senior Advocates Kapil Sibal, Abhishek Manu Singhvi and Dushyant Dave appeared for Umar Khalid and the other co-accused.

Background

The case arises from allegations against Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima and Shifa-Ur-Rehman, of orchestrating a “larger conspiracy” behind the February 2020 Delhi riots during protests against the CAA. Khalid is being charged with several offences under the Indian Penal Code, 1980 including rioting (Sections 147 and 148), murder (Section 302), unlawful assembly (Section 149), and promotion of enmity (Section 153A). He is also being charged with offences under the Unlawful Activities (Prevention) Act, 1967 (Sections 13, 16, 17, 18) and the Arms Act, 1959 (Sections 25 and 27). Though he was granted bail in April 2021 for rioting, vandalism, and arson in the Northeast Delhi Khajuri Khas case, he has remained in custody since September 2020 under the conspiracy charges.

Khalid first sought bail in the Trial Court in March 2022, but his application was rejected, and his subsequent appeal in the Delhi High Court was dismissed in October of the same year. Appearing for Khalid, Senior Advocate Trideep Pais had argued that the prosecution’s case rested on contradictory witness accounts, WhatsApp chats quoted selectively and speeches presented out of context. The prosecution, however, insisted that the evidence showed careful planning of violence that rose to the level of terrorist activity.

Khalid had moved the Supreme Court in 2023 with a Special Leave Petition, but after repeated adjournments, he chose to withdraw it in early 2024. He returned to the Delhi High Court in 2025, where his plea was once again rejected on 2 September. The Bench held that the riots were the outcome of a “premeditated, well-orchestrated conspiracy,” and said his speeches and communications could not be seen in isolation. It concluded that the material on record gave a prima facie indication of his involvement, leaving no ground to interfere with the Trial Court’s order.

In Court today

At the outset, Justice Aravind Kumar apologised for adjourning the case on 19 September, as Justice Manmohan had recused from the case owing to his past association with Sibal’s chambers.

Singhvi submitted that the petitioners have been in custody for several years, describing the prolonged detention as “shocking.” Sibal and Dave pressed for an early hearing, with Sibal requesting that the case be listed before Diwali.

The Court has now directed notices to be issued to the State of NCT of Delhi through all available modes, including via the standing counsel, and fixed the matter for hearing on 7 October.

We’ve tracked the various stages of Umar Khalid’s bail application here.