Umar Khalid, a former scholar from JNU has pleaded for his bail application before the Delhi High Court division bench on 20th February, 2025. The concerned case allegedly points towards a larger conspiracy into the 2020 North-Eastern Delhi RIots. The plea submitted by Trideep Nais, arguing counsel for Umar Khalid, said that the co-accused out on bail made a rather significant case than Umar himself.
Background of the Case
The case originates from the 2020 North-East Delhi riots, which led to the deaths of 53 people leaving over hundreds other injured. As per the submissions made by the Delhi Police, the riots were but a part of a larger conspiracy planned months in advance. Several activists, students, and political figures were apprehended under the Unlawful Activities (Prevention) Act, 1967 (UAPA), as well as various provisions of the Indian Penal Code (IPC), 1860.
Umar Khalid’s Role – Case of the Prosecution
As per the police investigation, Umar Khalid was one of the major conspirators. The investigation submitted that he was involved in planning the riots along with other co-accused persons. The police also claimed that he was a member of WhatsApp groups such as DPSG (Delhi Protest Support Group) and JCC (Jamia Coordination Committee) that were allegedly used to organize the riots.
Further, it is also alleged that he participated in a secret meeting on February 23-24, 2020, where the conspiracy to incite violence was discussed. To further strengthen their claim, the police accused that his speech at Amravati in Maharashtra in February 2020 was allegedly inflammatory and contributed to the unrest.
Defense Arguments by Senior Advocate Trideep Pais
During the latest bail hearing before the Delhi High Court, Umar Khalid’s lawyer, Trideep Pais, argued that the given instance is that of selective targeting. While the other co-accused, Devangana Kalita and Natasha Narwal, who were also part of the DPSG WhatsApp group, are out on bail.
He contended that these individuals made a rather stronger case than Khalid, yet they were granted bail.
Further, in addition, the counsel argued that mere participation in a WhatsApp group is not a criminal act. Participation of Umar Khalid in the DPSG group was limited to five messages. These messages were meant to share the locations of the protest sites. The Counsel also submitted that he never sent any message in the JACT group, which the prosecution claims was created at his behest. The submission was backed by the fact that no incriminating material (money or otherwise) has been recovered from Khalid to link him to a conspiracy.
The learned Counsel pleaded that the delay itself is a ground for bail.
Advocate Pais Urges the Court to ‘part ways’ with the Watali Case Standard
The Counsel for the pleader also pointed out the change in legal interpretation and setting aside of the Watali Case Reference. Earlier, courts followed the precedent set in NIA v. Zahoor Ahmad Shah Watali, where they accepted witness statements at face value.
It is pointed out in this case because when Umar Khalid’s first bail plea was rejected, both the trial court and the Delhi High Court applied the Watali standard, meaning they accepted the prosecution’s allegations and witness statements without testing their reliability—as required under the UAPA. Senior Lawyer Trideep Pais, however, argued that legal interpretation has changed, allowing courts to critically analyze the probative value of witness statements at the bail stage.
To put it in simple words, if the High Court accepts the argument, it would mean the prosecution’s claims can be scrutinized more rigorously, potentially strengthening Khalid’s case for bail, especially given the long incarceration and trial delays.
The matter has now been adjourned to next month for further hearing.
Details of the case: Umar Khalid v. State of NCT Delhi
About Author
Tanishq, a law student at the Department of Legal Studies and Research, Barkatullah Vishwavidyalaya, Bhopal, is a budding legal writer with a sharp eye for evolving legal landscapes. Passionate about Intellectual Property Rights, Constitutional Law, and Women and Child Safety Laws, Tanishq actively explores contemporary legal nuances through writing and research.
