The Karkardooma court granted interim bail to Umar Khalid on January 5 in connection with his cousins’ wedding celebrations. The court allowed him to leave for a week starting from December 28 through January 3 to attend the family wedding.
He has been in judicial custody since he was arrested in September 2020. He is one of the chief accused in the larger conspiracy case of the North East Delhi riots in 2020, where extensive violence and communal clashes were witnessed.
He has been charged under the Unlawful Activities Prevention Act for alleged involvement in the riots.
Khalid's release on bail is for personal reasons. The case is of significant importance in the legal terrain, as a regular bail application by him and activist Sharjeel Imam is currently being heard by the Delhi High Court.
Both have been accused of conspiracy to trigger the communal riots in Delhi in February 2020.
The Special Cell of the Delhi police arrested Khalid on September 14, 2020, claiming that he was a key conspirator and had a vital role in planning.
Following this, the charge said he, along with others, incited riots as part of a larger political and communal agenda. Despite many attempts for bail, Khalid has continued to remain in custody from the time of his arrest.
The trial court in India considered the charges against Khalid very serious, hence rejected bail for him early this year. It also referred to a previous analysis undertaken by the Delhi High Court which stated that Khalid was prima facie guilty of the said accusations.
The court also stated that the High Court dismissed Khalid's petition in October 2022, and the case had undergone scrutiny.
The legal battle has bounced from layer to layer of various appeals and challenges. The bail application made by Khalid was turned down in March 2022 for the reason that the ruling of the High Court was final.
Prior to this ruling, the petition was withdrawn before the Supreme Court, however, that too have cemented a judicial bad atmosphere against Khalid being released on bail.
The interim bail given to Umar Khalid for the family function maintains the larger picture of the struggle going on.
He is still facing the grave charge of creating a conspiracy to incite the communal riots that led to the bloodshed and civil disturbances in North East Delhi. The riots took a massive toll with large-scale fatalities and injuries, and hundreds of people displaced.
Umar Khalid's case has become a lens through which the growing tensions surrounding political activism, freedom of speech, and the use of draconian anti-terror laws can be observed.
Supporters state that he has been implicated maliciously in an act of dubious political dissent, without violation of the law. The prosecution, meanwhile, contends that Khalid was a main instigator of violence under the cover of legitimate political dissent.
The Delhi High Court is in the course of taking up his application for regular bail. The ultimate fate of this case may affect various cases under UAPA. There has been a considerable amount of public debate observing that some people may use such laws as a means to target activists and dissenters.
Khalid's lawyer remains hopeful that there will come a time when the case will be reconsidered for bail, but there is still a long and difficult road ahead.
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