Delhi court restores Umar Khalid's two weekly video calls with family
Synopsis
Key Takeaways
A Delhi court has directed jail authorities to restore two e-mulakats (video meetings) per week for jailed student activist Umar Khalid, allowing him to speak with his mother and other family members. Additional Sessions Judge Sameer Bajpai of the Karkardooma Courts passed the order on 15 July, noting that Khalid had availed the facility without breaching any prison rule for the past six years.
Background to the Application
Khalid, an accused in the larger conspiracy case linked to the February 2020 northeast Delhi riots, had approached the court after the frequency of his e-mulakats was reduced from two to one per week starting May 2026. His counsel argued the curtailment was imposed despite no recorded violation of the Delhi Prison Rules on his part.
Jail authorities contested the plea, submitting that under applicable rules, Khalid was entitled to only one e-mulakat per week, and that the earlier practice of permitting two had accordingly been discontinued.
What the Court Held
After hearing both sides, the court held that Khalid had availed two e-mulakats every week for six years without breaching any provision of the Delhi Prison Rules. It directed that he be permitted two e-mulakats per week to speak with his mother and family, and ordered a copy of its order to be sent to the Superintendent of the concerned Central Jail.
'The applicant has been using two e-mulakats a week for the last six years and has not violated any rule of the Delhi Prisons Rules,' the court said, adding that Khalid was accordingly 'allowed to have two e-mulakats per week for the purpose of talking to his mother and other family members.'
Bail Pleas Remain Dismissed
Earlier this month, the same court dismissed the regular bail pleas of Khalid and co-accused Sharjeel Imam in the larger conspiracy case, holding it was bound by the Supreme Court's earlier order declining bail. The trial court observed it had 'no option but to follow' the apex court's ruling, which permitted the accused to renew their bail prayer only after the examination of protected witnesses or on the expiry of one year from the Supreme Court's 5 January order, whichever occurred earlier.
Broader UAPA Legal Questions
Khalid and Imam are among several accused booked under the Unlawful Activities (Prevention) Act (UAPA) and other penal provisions in connection with the communal violence that broke out in northeast Delhi in February 2020. Earlier this year, the Supreme Court dismissed their bail pleas, holding that prosecution material disclosed prima facie grounds attracting the statutory embargo under Section 43D(5) of the UAPA. At the same time, the apex court granted bail to five other accused — Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan, and Shadab Ahmed.
More recently, the Supreme Court granted six months' interim bail to Tasleem Ahmed and Khalid Saifi, while referring to a larger bench the question of whether prolonged incarceration and trial delay can justify bail despite Section 43D(5) restrictions. A bench of Justices Aravind Kumar and Prasanna B. Varale directed the registry to place the matter before the Chief Justice of India for constituting an appropriate bench, noting divergent views across Supreme Court benches on the interpretation of the ruling in Union of India vs K.A. Najeeb.
The apex court also took note of the subsequent judgment in Syed Iftikhar Andrabi vs National Investigation Agency (NIA), where a coordinate bench expressed reservations over aspects of the ruling that had denied bail to Khalid and Imam while granting relief to five co-accused. As the larger bench question awaits a hearing, the trial in the northeast Delhi riots conspiracy case is not expected to conclude in the near future.