A Delhi court on Tuesday, 19 May dismissed a 15-day interim bail application filed by jailed student activist Umar Khalid, who had sought temporary release to attend the Chehlum of his late uncle and to assist his ailing mother ahead of a scheduled surgery. The plea was rejected by Additional Sessions Judge Sameer Bajpai of the Karkardooma Courts, who found the stated grounds insufficient to warrant relief.

What Khalid's Plea Sought

Khalid had filed the application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), read with Section 439 of the CrPC. According to the plea, his uncle Khursheed Ahmad Khan passed away on 10 April, and the 40th-day mourning ritual (Chehlum) was scheduled for 24 May in Delhi. He also cited his mother's upcoming lump-excision surgery, advised for 2 June at a private hospital. The plea argued that, as the eldest and only son, Khalid was best placed to support his mother before and after the procedure, given that his 71-year-old father was unable to provide adequate care and his five sisters lived away from the parental home after marriage.

Prosecution's Opposition

The Special Public Prosecutor opposed the application, contending that Khalid was attempting to exploit the court's leniency. The prosecution argued that the uncle did not fall within the category of 'close relations' and that attendance at the Chehlum was not necessary. On the surgery ground, the prosecution maintained that Khalid's sisters and father were capable of providing support and characterised the procedure as a 'minor surgery' requiring only local anaesthesia.

Court's Reasoning

Judge Bajpai acknowledged that Khalid had been granted interim bail on multiple prior occasions — including in 2022, 2024, and 2025 — and had complied with all conditions each time. However, the court underscored that past compliance does not entitle an accused to bail automatically on every subsequent application.

'Not only the applicant but other co-accused persons have been granted interim bail, and they never flouted the conditions as imposed by the Court, but it doesn't mean that on every occasion whenever the accused seeks bail, the Court should grant the same,' Judge Bajpai said.

Rejecting the Chehlum ground, the court observed: 'Attending the Chehlum ceremony of his uncle is not that necessary. The things would have been different if the ceremony was of a person who was in immediate relation with the applicant.' The court also noted that if the relationship had been that close, Khalid would have sought release at the time of his uncle's death itself. On the surgery ground, the judge held that Khalid's multiple family members could adequately support his mother and that 'there seems to be no actual requirement or help from the side of the applicant.'

Background: UAPA Custody and Earlier Bail Denials

Khalid has been in judicial custody since September 2020 under the Unlawful Activities (Prevention) Act (UAPA) and related charges. He is among several student activists accused of being part of an alleged 'larger conspiracy' linked to the 2020 North-East Delhi riots. According to the Delhi Police, the accused had allegedly conspired to engineer the violence that erupted in February 2020 during protests against the Citizenship Amendment Act (CAA).

Earlier this year, the Supreme Court dismissed bail pleas filed by Khalid and co-accused Sharjeel Imam, holding that prosecution material disclosed prima facie grounds attracting the statutory embargo under Section 43D(5) of the UAPA. Khalid's subsequent review petition challenging that denial was also dismissed by the top court in April this year. In December 2024, a Delhi court had permitted him 14 days of interim bail to attend his sister's wedding, subject to restrictions on movement and social media use.

What Comes Next

With the Supreme Court having dismissed both the bail and review petitions this year, Khalid's legal options for release remain limited in the near term. The case continues to draw attention as one of the most closely watched UAPA prosecutions arising from the 2020 Delhi riots, with trial proceedings still ongoing at the Karkardooma Courts.