Umar Khalid Appeals Supreme Court for Bail Reconsideration After Over Five Years in Jail

Social activist Umar Khalid, who has been incarcerated for more than five years in connection with the Delhi riots conspiracy case, has once again approached the Supreme Court seeking justice. Khalid has filed a review petition against the Supreme Court's decision to reject his regular bail application on January 5, 2026. Through this petition, he not only seeks a reassessment of the previous ruling but also makes a significant procedural request. Khalid was arrested by the Delhi police on September 13, 2020, under the Unlawful Activities (Prevention) Act (UAPA) and has since been in judicial custody. In his latest petition filed on April 13, 2026, Khalid has requested that his review petition be heard in an open court rather than in chambers.

Senior advocate Kapil Sibal brought this matter before a bench led by Justice Arvind Kumar. He argued that, given the case's implications for personal liberty and the prolonged detention, it would be just to debate the matter in an open court. The court indicated that it would consider this and potentially list the case for hearing by Wednesday or Thursday. The Supreme Court's January 2026 decision had previously denied bail to both Umar Khalid and Shajeel Imam. In its detailed 123-page order, the court noted that the evidence on record suggested that the charges against Khalid were credible. The court accepted the Delhi police's argument that Khalid played a central role in planning the riots, raising funds, and inciting crowds. It also clarified that under the stringent provisions of Section 43D(5) of the UAPA, bail cannot be granted if the court finds the charges to be prima facie true.

A key aspect of Khalid's new legal challenge is the principle of equality. In the same January order that denied bail to Shajeel Imam and Umar Khalid, the Supreme Court granted bail to five other co-accused: Gulfisha Fatima, Miran Haider, Shifa Ur Rehman, Mohammad Saleem Khan, and Shadab Ahmed. Khalid's lawyers argue that the evidence and witnesses against him are nearly identical to those of the five co-accused who have already been granted bail. The petition also emphasizes that Khalid has been in jail for the past 67 months, and the slow pace of the trial is infringing upon his fundamental rights.

Legal experts suggest that the success rate for review petitions is quite low, as courts typically regard their decisions as final unless there is a clear error in the record. Umar Khalid, through Kapil Sibal, has submitted a review petition urging the Supreme Court to reconsider its earlier ruling. All eyes are now on the upcoming hearing.