Umar Khalid's Four-Year Incarceration Continues as UAPA Case Stalls

Former JNU student and activist Umar Khalid has been in jail for four years following his arrest related to the 2020 northeast Delhi communal riots. The violence erupted on February 24, 2020, between supporters and opponents of the Citizenship Amendment Act, resulting in at least 53 deaths and around 200 injuries.

Legal Proceedings and Charges

Khalid was arrested on September 13, 2020. Although charge sheets were filed in 2020 and 2022, the framing of charges has been delayed. His bail attempts have been repeatedly denied by courts. He remains incarcerated under the Unlawful Activities Prevention Act (UAPA) and Indian Penal Code provisions for allegedly masterminding the riots.

The FIR against Khalid in the second case was registered on March 6, 2020, with UAPA invoked on April 19, 2020. The main charge sheet was filed on September 16, followed by supplementary charge sheets on October 22, 2020, February 23, March 2, and June 7, 2022.

Judicial Decisions and Appeals

On December 5, 2022, a court discharged Khalid and United Against Hate founder Khalid Saifi in a related case, stating the allegations pertained to a "larger conspiracy" rather than the specific case. The concept of an umbrella conspiracy was explained as a larger plot encompassing several smaller conspiracies.

A special court dismissed Khalid's first bail plea on March 24, 2022. The Delhi High Court upheld this decision on October 18, citing his constant contact with co-accused and prima facie evidence against him. The court noted that anti-CAA protests had turned violent and seemed orchestrated at conspiratorial meetings.

Khalid's appeal against the Delhi High Court's order is pending in the Supreme Court since April 6, 2023. Proceedings have been adjourned multiple times. On February 14 this year, senior advocate Kapil Sibal informed the top court about withdrawing the bail plea due to changed circumstances.

Protected Witness Testimonies

The charge sheet includes testimonies from several protected witnesses. Witness Bond stated that a meeting between Khalid and others on December 13, 2019, at Jamia Campus led to chakka jams in various parts of Delhi. According to Bond, Khalid instructed Sharjeel Imam to start chakka jam at Shaheen Bagh and Asif Iqbal Tanha at Jamia University.

Witness Saturn mentioned a meeting between Khalid and former AAP councillor Tahir Hussain at the PFI Office in Shaheen Bagh. Witnesses Helium and Crypton reported that Khalid met with Jahangir Puri residents on February 10, urging them to oppose the CAA.

Statements from Witnesses

According to witness Beeta's statement in the charge sheet, Khalid delivered a speech in Amravati on February 17, referring to then-US President Donald Trump's visit. Beeta claimed that riots during Trump's visit were orchestrated by groups including Jamia Coordination Committee and Pinjra Tod.

Khalid was also arrested by Delhi Police in February 2016 for allegedly raising anti-national slogans at JNU against Parliament attack mastermind Afzal Guru's hanging. He was later granted bail along with other students involved.

Meanwhile, a special court dismissed Khalid's second regular bail plea on May 28 this year. The court stated that its previous order rejecting his first bail plea had attained finality. It rejected arguments that recent Supreme Court views on prima facie evidence had changed due to bail grants in other cases.

On July 22 this year, a Delhi High Court judge recused himself from hearing Khalid’s bail plea without providing reasons. The case remains pending.

The high court had earlier asked the trial court not to pass a final order on framing charges until September 23 while hearing Devangana Kalita's plea for certain videos and WhatsApp chats related to two cases under UAPA.

Khalid has also challenged various UAPA provisions' constitutional validity in the Supreme Court. This plea is still pending as well.