The Delhi High Court on Thursday heard arguments from former JNU student leader Umar Khalid, who is seeking bail in the 2020 Delhi riots conspiracy case. Khalid’s counsel, Senior Advocate Trideep Pais, asserted that his client had no role in any violence and that being part of a WhatsApp group does not amount to wrongdoing.
The division bench of Justices Navin Chawla and Shalinder Kaur was told that Khalid was a member of three WhatsApp groups but had barely sent any messages.
“Merely being on a group is not any indication of anything wrong. In this case, I have not even said anything. I only shared the location of a protest site when someone asked for it. If someone chooses to inform me, it is not attributable to me. Anyway, there was no criminality in the message,” Khalid submitted through his counsel.
The Court also took note of the fact that Khalid was not a part of the ‘Jamia Awareness’ WhatsApp group, contrary to allegations. The statements of witnesses claiming he formed the group were described as mere hearsay.
“No Recovery, No CCTV Destruction,” Says Defense
Pais further argued that no incriminating material had been recovered from Khalid and that there was no evidence of him destroying any CCTV footage. Addressing allegations of orchestrating protests, he contended, “Posting messages regarding how the protest will be organised has not been attributed to me by the star witness. I sent only five messages—one was to de-escalate, and another was in response to someone asking for a protest location. I have not posted a single message regarding any mobilisation.”
Khalid’s defense also highlighted the prolonged delay in trial and sought bail on the grounds of parity with co-accused Devangana Kalita, Natasha Narwal, and Asif Iqbal Tanha, who have already been granted bail. “On parity, I have a strong case. I was not in Khureji, Devangana was there and she was given bail. Others with more attributed roles have also been granted bail,” Pais argued.
Long Legal Battle Continues
Khalid has been in jail since September 2020, facing charges under the Unlawful Activities Prevention Act (UAPA) along with other offences like criminal conspiracy and rioting. His bail plea has been rejected multiple times—first by the trial court in March 2022 and then by the High Court in October 2022.
In May 2023, the Supreme Court sought Delhi Police’s response to Khalid’s plea but adjourned the matter 14 times. On February 14, 2024, he withdrew his plea from the top court, citing a change in circumstances, and decided to approach the lower courts again.
The High Court will continue hearing arguments on Khalid’s bail plea on March 4.
