Supreme Court Pushes Back Bail Hearing Again for Gen Z Leader Umar Khalid and Others

Supreme Court Pushes Back Bail Hearing Again for Gen Z Leader Umar Khalid and Others

RMN News Report Highlights:

• Different courts have reportedly been delaying bail to Umar Khalid and other activists under various pretexts while they have been languishing in jail for the past five years without trial.
• Umar Khalid, a student leader and one of those frequently described as Gen Z voices of India, has been incarcerated since September 2020 under the UAPA.

RMN News Legal Desk
September 19, 2025

The Supreme Court on Friday adjourned to September 22 the hearing on bail pleas filed by activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and Meeran Haider in connection with the 2020 Delhi riots conspiracy case under the Unlawful Activities (Prevention) Act (UAPA).

The bench deferred the matter, which challenges the Delhi High Court’s September 2 order denying bail to nine accused, including Khalid and Imam. Different courts have reportedly been delaying bail to Umar Khalid and other activists under various pretexts while they have been languishing in jail for the past five years without trial.

Series of Adjournments and High Court Challenge

This latest deferment follows an earlier adjournment. The Supreme Court had previously adjourned the bail pleas of activists Sharjeel Imam, Umar Khalid, and seven others (including Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Shadab Ahmed, Abdul Khalid Saifi, and Gulfisha Fatima) on Friday, September 12, 2025.

The bench, consisting of Justices Aravind Kumar and N V Anjaria, had cited the late receipt of files as the reason for that initial adjournment, rescheduling the hearing for September 19. The Supreme Court is reviewing the decision made by the Delhi High Court on Tuesday, September 2, 2025, which dismissed the bail applications of these nine individuals. The High Court bench of Justices Navin Chawla and Shalinder Kaur had rejected these applications, some of which had been pending since 2022. This ruling was subsequently challenged in the Supreme Court.

Five Years in Custody Under UAPA

Umar Khalid, a student leader and one of those frequently described as Gen Z voices of India, has been incarcerated since September 2020 under the UAPA. Police have alleged that Khalid, Imam, and the others were the “masterminds” behind the communal violence that occurred in northeast Delhi in February 2020 over the Citizenship Amendment Act (CAA). This unrest resulted in over 50 deaths and more than 700 injuries.

[ Also Read: Rahul Gandhi Urges Gen Z of India to Raise Voice Against Election Thefts ]

The activists’ counsel argued that they should be granted bail because they have already spent more than four years in custody, citing the slow pace of the trial. Khalid maintained that his presence in WhatsApp groups with co-accused did not constitute criminality, and he denies that any incriminating materials or money were recovered from him. Sharjeel Imam asserted that he was disconnected from the co-accused and denied that his speeches or chats ever incited unrest.

Prosecution’s Strong Opposition

The prosecution, led by Solicitor General Tushar Mehta, vigorously 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 that those who act against their nation should remain in jail until acquittal.

Concerns Over Bail System and Political Influence

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

Khalid’s bail application has allegedly been arbitrarily rejected at least 15 times over his five years in jail. Sources suggest this persistent rejection is due to his criticism of the ruling regime led by Prime Minister Narendra Modi. Khalid and his group are compared to the young leaders in Nepal who recently challenged a corrupt government. Supporters claim that when Khalid was arrested, he was leading peaceful street protests against what many view as an increasingly autocratic Modi administration, and he was detained under a case supporters claim is fabricated.

In contrast, several high-profile politicians from various parties have been granted bail despite facing serious accusations, including Rahul Gandhi, Sonia Gandhi, P. Chidambaram, and Lalu Prasad Yadav. Notably, Arvind Kejriwal received interim bail from the Supreme Court on May 10, 2024, to campaign.

Concerns over political prisoners were formally raised in 2024 when journalist Rakesh Raman filed a petition to Indian and international authorities, including UN Human Rights, seeking the release of individuals including Amritpal Singh, Umar Khalid, and Sheikh Abdul Rashid (Engineer Rashid) from arbitrary detention.

Both Amritpal Singh and Engineer Rashid notably won the recent 2024 Lok Sabha election while still incarcerated, yet are reportedly being deprived of their democratic rights by not being allowed to attend parliament sessions.