New Delhi: The Delhi High Court on Friday granted jailed student activist Umar Khalid three days’ interim bail from June 1 to June 3 to enable him to spend time with his ailing mother, who is due to undergo surgery next month. The order follows Khalid’s appeal after a trial court refused his earlier plea for temporary release.
A Division Bench of Justices Prathiba M. Singh and Madhu Jain said it took an “empathetic view” in allowing the limited relief. The bench directed that Khalid must remain within the Delhi NCR region during the bail period, stay at the address furnished to the court, and confine his movements to his place of stay and the hospital. He was also ordered to use only one mobile number and stay in continuous touch with the investigating officer.
Khalid had sought interim bail on humanitarian grounds to attend the Chehlum ceremony (marking forty days after death) for his late uncle and to care for his mother, who has been advised lump excision surgery on June 2. The trial court at Karkardooma, presided over by Additional Sessions Judge Sameer Bajpai, had earlier dismissed a 15 day bail plea under Section 483 of the Bharatiya Nagarik Suraksha Sanhita read with Section 439 of the CrPC, finding the grounds insufficient and noting other family members could assist his mother.
During Friday’s hearing, Additional Solicitor General S.V. Raju, appearing for the Delhi Police, opposed the plea, arguing the surgery was minor and that Khalid’s sisters could provide care. He suggested Khalid could visit his mother under police escort and return the same day instead of being granted interim bail.
Khalid has been in custody since September 2020 under the Unlawful Activities (Prevention) Act and other charges in the alleged “larger conspiracy” case related to the 2020 Delhi riots. The Delhi Police allege several student activists conspired to foment the North East Delhi violence in February 2020 amid protests against the Citizenship Amendment Act.
Earlier this year the Supreme Court refused bail to Khalid and co accused Sharjeel Imam, finding prima facie material attracting the statutory bar under Section 43D(5) of the UAPA. Khalid’s review petition against that decision was dismissed in April.
However, on May 18, another bench of the Supreme Court comprising Justice B.V. Nagarathna and Justice Ujjal Bhuyan expressed strong disapproval of the earlier January 2026 judgment that denied bail to activists Umar Khalid and Sharjeel Imam. While granting bail to one Syed Itikhar Andrabi, who has been under custody for over five years in a Unlawful Activities Prevention Act case for alleged narco-terrorism, the bench criticized the previous decision for ignoring binding precedent (the Supreme Court's 2021 Union of India v. K.A. Najeeb ruling), which establishes that prolonged incarceration and endless trial delays override strict bail restrictions under the Unlawful Activities (Prevention) Act (UAPA). The judges also strongly reaffirmed that "bail is the rule and jail is the exception," emphasizing that personal liberty under Article 21 remains paramount.
(Inputs from IANS with minor edits)