Umar Khalid's Father Calls Supreme Court Bail Order 'Unfortunate'

New Delhi: The Supreme Court on Monday refused to grant bail to activist Umar Khalid in the 2020 Delhi riots conspiracy case. The bench said there was enough prima facie material against him and co-accused Sharjeel Imam under the strict Unlawful Activities (Prevention) Act (UAPA), and denied their bail pleas. Five other accused in the same case were granted bail with conditions.

How did Khalid's father react?

When asked about the bail refusal outside the Supreme Court, Umar Khalid’s father, Syed Qasim Rasool Ilyas, described the decision as “very unfortunate.” 

He said that he has "nothing more to say" about the verdict and pointed to the judgment itself.

Ilyas told news agency PTI, "I have no comment to offer. It is very unfortunate. The judgment is there, and I have nothing to say about it."

Ilyas has been present at several court hearings over the years as his son’s legal team pursued relief. His brief comment came soon after the order was announced. 

Why did the Supreme Court deny bail?

The Supreme Court bench said Khalid and Imam are seen as having a "qualitatively different" or central role in the alleged larger conspiracy behind the February 2020 communal violence in northeast Delhi. The court agreed with the prosecution that the material on record showed a prima facie case under UAPA, a law known for strict limits on bail. 

The court said that the allegations leveled against both of them are serious. His role in the case record appears different from that of the other accused.

According to the court, the weight of the allegations against these two is high. For this reason he cannot be granted bail at present. On the other hand, the Supreme Court ordered bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Salim Khan and Shadab Ahmed. The court believed that the circumstances in these cases are different and should be viewed from the same perspective.

However, the court  also clarified that the bail did not mean the allegations against them had become less serious.

The top court has laid down 12 conditions for their release and warned that any breach would result in cancellation of bail.

"All the appellants do not stand on equal footing as regards culpability. The hierarchy of participation emerging from the prosecution’s case requires the court to examine each application individually," the bench said.

What is the case?

The 2020 northeast Delhi riots followed protests against the Citizenship Amendment Act (CAA). More than 50 people died and 700 were injured in the violence. Khalid, Imam and others were charged under the stringent UAPA and sections of the Indian Penal Code for allegedly taking part in a larger conspiracy linked to the unrest.