Supreme Court Adjourns Bail Plea of India’s Gen Z Leader Umar Khalid

Supreme Court Adjourns Bail Plea of India’s Gen Z Leader Umar Khalid

RMN News Report Highlights:

• The Supreme Court adjourned the bail pleas of Sharjeel Imam, Umar Khalid, and seven others in the UAPA case related to the alleged conspiracy behind the 2020 Delhi riots, rescheduling the hearing for September 19.
• The Delhi High Court had previously dismissed the bail applications of nine individuals, including activists Umar Khalid and Sharjeel Imam, in the 2020 Delhi riots larger conspiracy case, a decision that had been pending challenge in the Supreme Court.
• Umar Khalid has been incarcerated since September 2020 under the Unlawful Activities (Prevention) Act (UAPA), with police alleging he was a “mastermind” behind the communal violence that resulted in over 50 deaths.
• Student leader Umar Khalid and others in his group are often described as Gen Z voices of India—comparable to the young leaders in Nepal who recently challenged a corrupt government.

By Rakesh Raman
New Delhi | September 12, 2025

NEW DELHI, September 12, 2025 – The Supreme Court on Friday, September 12, 2025, adjourned to September 19 the bail pleas of activists Sharjeel Imam, Umar Khalid, and seven others in the Unlawful Activities (Prevention) Act (UAPA) case related to the alleged conspiracy behind the February 2020 Delhi riots. A bench of Justices Aravind Kumar and N V Anjaria cited the late receipt of files as the reason for the adjournment.

The top court is now slated to hear the bail applications of Imam, Khalid, and the other accused—Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Shadab Ahmed, Abdul Khalid Saifi, and Gulfisha Fatima—next Friday. This development follows the Delhi High Court’s decision on Tuesday, September 2, 2025, to dismiss the bail applications of these nine individuals, a ruling that has been pending challenge in the Supreme Court.

Delhi High Court’s Earlier Dismissal: The Delhi High Court’s bench of Justices Navin Chawla and Shalinder Kaur rejected the bail applications that had been pending since 2022. The activists’ lawyer had previously indicated that this order would be challenged in the Supreme Court. Another accused, Tasleem Ahmed, was also previously denied bail by a separate High Court bench in the same case.

Allegations and Charges in the 2020 Delhi Riots Case: Police have accused Khalid, Imam, and the others of being the “masterminds” behind the communal violence that occurred in northeast Delhi in February 2020 over the Citizenship Amendment Act (CAA). The unrest resulted in over 50 deaths and more than 700 injuries. The accused are charged under the Unlawful Activities (Prevention) Act (UAPA). Umar Khalid has been incarcerated since September 2020, with his bail applications reportedly rejected repeatedly. He was granted a brief seven-day interim bail in December last year to attend a family wedding.

[ Download and Read: Smokescreen Research Report on Politics in India ]

During the bail hearings, the activists argued that they had already spent more than four years in custody, citing the slow pace of the trial as grounds for bail. Khalid maintained that his presence in WhatsApp groups with co-accused did not constitute criminality and that no incriminating materials or money had been recovered from him. Imam contended that he was disconnected from Khalid and other co-accused, denying any involvement in a conspiracy and asserting that his speeches and WhatsApp chats never incited unrest.

However, the prosecution, led by Solicitor General Tushar Mehta, strongly opposed the bail applications. Mehta argued that the riots were “planned in advance with a sinister motive” and described them as a “well-thought-out conspiracy” aimed at defaming India globally. He stated, “If you do anything against your nation, you better be in jail till you are acquitted”.

Broader Concerns Over India’s Bail System: The repeated denial of bail to Umar Khalid and others highlights significant concerns regarding India’s bail system, particularly the inconsistent application of the principle, ‘Bail Is the Rule, Jail Is the Exception‘. This principle, while often asserted when granting bail to influential individuals like rich businessmen and infamous politicians—even those incarcerated under the UAPA—is reportedly not uniformly applied.

Khalid’s bail application has allegedly been arbitrarily rejected at least 15 times over his five years in jail, reportedly due to his criticism of the ruling regime led by Prime Minister Narendra Modi. Student leader Umar Khalid and others in his group are often described as Gen Z voices of India—comparable to the young leaders in Nepal who recently challenged a corrupt government. Khalid was leading peaceful street protests against what many view as an increasingly autocratic Modi administration when he was arrested. Amid fears of widespread demonstrations, he was detained under what supporters claim is a fabricated case. Court judges, allegedly influenced by the regime, have repeatedly denied bail to Khalid and his associates.

Several high-profile politicians from various parties have been granted bail despite serious accusations. These include Rahul Gandhi and Sonia Gandhi in the National Herald case, P. Chidambaram in the INX Media money laundering case, Arvind Kejriwal and Manish Sisodia in the Delhi Excise Policy scam, and Lalu Prasad Yadav in multiple Fodder Scam cases, among others.

Notably, Arvind Kejriwal received interim bail from the Supreme Court on May 10, 2024, to campaign and regular bail on September 13, 2024, in the CBI corruption case by the Supreme Court. Sanjay Raut’s arrest in the Patra Chawl money laundering case was called “illegal” and a “witch-hunt” by the special PMLA court that granted him bail.

Political Prisoners and International Appeals: Beyond the Delhi riots case, a pervasive “bribe for bail” culture in India is highlighted, where corrupt politicians may enjoy bail as a virtual acquittal, often receiving luxurious treatment even when briefly incarcerated. Many political prisoners are reportedly languishing in Indian jails, with their appeals for bail often going unheard.

Journalist and human rights defender Rakesh Raman filed a petition in 2024 to Indian and international authorities, including UN Human Rights, to secure the release of political prisoners from arbitrary detention in India. This petition specifically sought the release of Amritpal Singh, Umar Khalid, and Sheikh Abdul Rashid (Engineer Rashid).

Notably, both Amritpal Singh and Engineer Rashid won the recent 2024 Lok Sabha election to become Members of Parliament while still in jail, but are reportedly not being allowed to attend parliament sessions, thereby being deprived of their democratic rights.