Fact Check: Did Delhi Riots-Accused Umar Khalid Withdraw Bail Plea From SC?

New Delhi: Student activist Umar Khalid, accused under Unlawful Activities Prevention Act (UAPA) for his role in the 2020 Delhi riots, has withdrawn his bail petition from Supreme Court.

The former Jawaharlal Nehru University (JNU) student will now be moving a fresh bail plea in the trial court.

In an order by a bench of justices Bela M Trivedi and Pankaj Mithal, Khalid was allowed to withdraw his bail petition from the top court following a request made by his counsel, senior advocate Kapil Sibal.

“There has been a change in circumstances. We will try our luck again before the trial court. We wish to withdraw the bail matter,” Sibal said.

The bench recorded Sibal’s statement and allowed withdrawal of the appeal challenging dismissal of his bail by Delhi High Court on October 18, 2022.

Sibal also filed a writ petition on Khalid’s behalf challenging constitutional validity of the UAPA provisions, including Section 43D placing stringent conditions for bail.

“We will argue the legal question that we have raised in the writ petition,” Sibal added.

Khalid was arrested by the Delhi Police on September 13, 2020, in connection with the Delhi riots and has since been languishing in prison.

Delhi Police had accused Khalid of being the ‘mastermind’ of the February 2020 riots and violence in north-east Delhi. As many as 53 people were killed and over 700 injured during protests against the Citizenship Amendment Act (CAA).

Delhi Police, opposing the bail, had said, “The detention of the petitioner in judicial custody (in jail) is warranted, essential and necessary for fearless, truthful and freely deposition of protected witnesses by the trial court.”

The Delhi HC found allegations against Khalid to be prima facie true, a sufficient condition under section 43D of UAPA to refuse bail.

Also Read: Umar Khalid Back In Tihar Jail After Attending Sister’s Wedding