Delhi Riots: Umar Khalid Denied Bail While Kapil Mishra Enjoys State Impunity
Rampant Injustice in Courts Alleged Amidst Delays in Delhi Riots Cases
By Rakesh Raman
New Delhi | September 22, 2025
New Delhi: The Supreme Court on Monday (September 22) issued notices on the bail pleas of Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, and Shifa Ur Rehman in connection with the larger conspiracy case related to the 2020 Delhi riots. The court has scheduled the matter for hearing on October 7, following arguments from their advocates who urged for an urgent hearing, citing that the students have been in jail for over five years.
The development follows a decision by the Delhi High Court on September 2, 2025, to dismiss the bail applications of these nine individuals. According to reports, Khalid’s bail application has been allegedly 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. Khalid and others in his group are often described as Gen Z voices of India, comparable to young leaders in Nepal who have challenged a corrupt government.
Khalid was arrested while leading peaceful street protests against what many view as an increasingly autocratic Modi administration. Supporters claim he was detained under a fabricated case amid fears of widespread demonstrations. Allegations have been made that court judges, influenced by the regime, have repeatedly denied bail to Khalid and his associates.
Kapil Mishra Enjoys Impunity While Innocents Remain Jailed
In a stark contrast, BJP leader and Delhi Law and Justice Minister Kapil Mishra, who is considered a main accused in the Delhi riots, is enjoying full state impunity. This comes despite a Delhi court’s order for the registration of a First Information Report (FIR) and further investigation against him concerning his alleged involvement in the 2020 communal riots that devastated Northeast Delhi. This development adds to the broader scrutiny of newly appointed BJP ministers in Delhi who face serious criminal cases and reports of alleged complicity of the Delhi Police in the 2020 violence.
The court order, issued on April 1, came after the rejection of Kapil Mishra’s revision plea against summons. Additional Chief Judicial Magistrate Vaibhav Chaurasia granted the application of Mohammad Ilyas, a Yamuna Vihar resident who had sought an FIR against Mishra, the then Station House Officer (SHO) of Dayalpur police station, and five others, including BJP MLA Mohan Singh Bisht and former party legislator Jagdish Pradhan. The judge noted that a cognizable offense was made out against Mishra.
Mohammad Ilyas, represented by advocate Mehmood Pracha, stated in his complaint that he witnessed Mishra and others obstructing a road in Northeast Delhi’s Kardampuri and destroying vendors’ carts. Ilyas also claimed to have seen the then Dayalpur SHO, along with BJP leaders Pradhan and Bisht, vandalizing mosques across Northeast Delhi. The communal violence, which occurred between February 24 and 26, 2020, resulted in 53 deaths and over 500 injuries.
Police Accused of Protecting Mishra and Colluding in Riots
It is noteworthy that in February of this year, the Delhi Police opposed the complainant’s plea, asserting that Mishra was being “framed” and had no role in the riots. However, a district court in Delhi is now reviewing the April 2025 magistrate court’s order for further investigation into Mishra’s role.
This latest development involves a stay on the investigation while the district court considers a revision petition filed by the Delhi Police. It is feared that since most court judges are scared of the Modi regime, which is protecting Mishra, he is unlikely to be arrested and imprisoned like Umar Khalid and his associates. The “India Judicial Research Report 2024: Decline of the Indian Judiciary” explains this alleged rampant injustice in courts.
The recent court order against Kapil Mishra coincides with reports highlighting that a significant number of newly appointed ministers in the Delhi BJP government are facing serious criminal charges. According to a report by the Association for Democratic Reforms (ADR), 5 out of the 7 ministers, including Chief Minister Rekha Gupta, have declared criminal cases against themselves, indicating that 71% of Delhi ministers have serious criminal records.
Kapil Mishra is described as a “rowdy” whose name surfaced in the 2020 Delhi communal riots, as he openly delivered hate speeches. It is alleged that due to the protection of the “Modi regime,” which purportedly politicizes religion for electoral gains, no legal action had been taken against Mishra for allegedly instigating violence.
Furthermore, a fact-finding committee report released in October 2022, titled “Uncertain Justice: A Citizens Committee Report on the North East Delhi Violence 2020,” has alleged complicity of the Delhi Police in the 2020 communal riots. The committee, headed by a former Supreme Court judge, Madan B. Lokur, concluded that Delhi Police colluded with criminal elements to commit a pogrom against Muslims and behaved as an active party in the riots.
The report claims that the Delhi Police, due to a lack of professionalism, advanced the political narrative of the ruling BJP. Earlier, in 2021, a local court in Delhi reportedly found the standard of investigation into numerous 2020 northeast Delhi riots cases to be “very poor.”
The probe committee also accused the Union home ministry, headed by minister Amit Shah, of deliberately delaying the deployment of additional forces in the violence-affected areas. The report also suggests that the investigations into the riots were blatantly communal in favor of the BJP and its supporters. The allegations of ministerial criminal records and police complicity raise serious questions about justice and accountability in the aftermath of the devastating communal violence.
By Rakesh Raman, who is a national award-winning journalist and social activist. He is the founder of a humanitarian organization RMN Foundation which is working in diverse areas to help the disadvantaged and distressed people in the society.
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