Indian activist Umar Khalid withdraws bail plea from Supreme Court after 14 adjournments

Umar Khalid’s counsel will now ‘try’ their ‘luck in trial court’

Jailed activist Umar Khalid on Wednesday withdrew his bail application from India's apex court after the hearing was adjourned 14 times in less than a year.

Mr Khalid has been languishing in New Delhi's high-security Tihar jail since September 2020 after he was arrested under the draconian Unlawful Activities Prevention Act (UAPA) over allegations of instigating riots in the capital. The stringent counter-terrorism law allows prolonged detention of suspects without trial or charge.

Mr Khalid has been accused of allegedly being a mastermind behind the February 2020 riots in Delhi, where at least 53 people, mostly Muslims, were killed.

The riots erupted during nationwide protests against the Citizenship (Amendment) Act passed by the Indian government and the proposed pan-India National Register of Citizens. Under the CAA citizenship rights would be granted to persecuted refugees from Pakistan, Bangladesh and Afghanistan – with the exception of those who are Muslims.

Mr Khalid had approached the Supreme Court after the Delhi high court rejected his bail plea in October 2022.

Advocate Kapil Sibal appearing for Mr Khalid told the bench that his client wished to withdraw the petition citing "a change in circumstances", Live Law reported.

Mr Khalid's legal team would now "try our luck in the trial court".

A bench of justices Bela M Trivedi and Pankaj Mithal allowed the request and dismissed it as withdrawn.

The matter before the Supreme Court has been adjourned 14 times since the first hearing on 18 May 2023. The apex court postponed the hearing at least six times, while Mr Khalid's counsel sought adjournments four times.

"Our Supreme Court journey ends for now," wrote Banojyotsna Lahiri, Mr Khalid's partner, on X.

Mr Khalid, a scholar from India's premier Jawaharlal Nehru University, was catapulted into the spotlight after being charged with sedition along with four others for organising a protest at the varsity in 2016. He was released months later after surrendering to the local police.

Rights groups have accused prime minister Narendra Modi's government of weaponising the UAPA law to jail dissenters, including Mr Khalid.

"The repeated denial of bail to Umar Khalid is a huge blow to everyone exercising their rights to freedom of expression and peaceful assembly in the country," Aakar Patel, Amnesty International India’s Chair of Board, said in 2022.

"Khalid’s continued detention under UAPA runs absolutely counter to the international human rights law and standards," he added.