Delhi High Court denies bail to Umar Khalid and Sharjeel Imam; Online Petition Demands Release of All Political Prisoners

Delhi High Court denied bail to student activists Umar Khalid and Sharjeel Imam even as an online petition by over 300 citizens sought their release and expressed solidarity with them, says Isha Shah.

On Sept 30, a division bench comprising Justice Prathiba M Singh and Justice Dinesh Bhatt said that it could not modify the order passed by the Supreme Court in the Gulfisha Fatima case wherein conditions were imposed on them to seek bail— one, on completion of protected witness’ examination and upon expiry of one year from passing order (January 05, 2026), whichever is earlier.

The case was heard after multiple adjournments, the last on Sept 21, following which, concerned citizens drafted an online petition seeking a hearing on the bail appeals, without further adjournments. The petition quickly gathered support and was signed by over 300 citizens,  including academics, lawyers, journalists and civil society groups from more than 40 cities across India.

The petition pointed out that both men have been in custody for over six years (more than 2,190 days) without a trial that has meaningfully progressed. Umar Khalid was arrested in New Delhi on 14 September 2020. Both are accused in connection with the February 2020 Delhi riots (FIR 59/2020) and are charged under the Indian Penal Code and Sections 13, 16, 17 and 18 of the Unlawful Activities (Prevention) Act (UAPA).

The prosecution alleges a larger conspiracy behind the riots. Both men deny the charges, and neither has been convicted of any offence.

Nineteen postponements

According to hearing dates compiled by the Student and Youth Collective, Ahmedabad (SYCA) using online sources, their bail hearings have been postponed at least 19 times since July 2023, about once every two months.

The reasons include a judge’s recusal, the matter being dropped from the cause list or placed in an alternate list, a change in the court’s schedule and, most recently on 21 September 2026, the illness of the prosecution’s lead counsel.

Both men have appealed under Section 21 of the National Investigation Agency Act, 2008, against the trial court order of 4 July 2026 refusing bail. Imam’s appeal arises from the rejection of his second regular bail application, and Khalid’s from the rejection of his third.

What the petition says

“Every postponement extends the imprisonment of two men who have not been convicted,” the
petition states. Delay in a bail matter is itself a denial of liberty, and the principle that bail is the
rule and jail the exception does not lose its force because a case is brought under a stringent
law.

The signatories also express solidarity with Khalid and Imam and say they are troubled that
people who spoke out against the Citizenship Amendment Act and for the constitutional rights of
minorities face years of detention under anti-terror provisions.

The petition further demands the release of all political prisoners in India, including students,
journalists, lawyers, academics and human rights defenders held without trial or under laws that make bail near impossible. “Dissent is not terrorism, and a democracy is measured by how it treats those who challenge it,” it says.

It also calls on the international community, civil society organisations and fellow citizens to
watch the hearing closely and to support the demand for due process, speedy justice and the
release of all political prisoners.

We urge the court to uphold the right to a fair and timely hearing on 30 September, the petition
concludes.

A broad group of signatories

Signatories come from more than 20 states and union territories, including Delhi, Maharashtra, Gujarat, Karnataka, Telangana, Uttar Pradesh, Uttarakhand, Himachal Pradesh, Haryana, Rajasthan, Madhya Pradesh, Goa, Kerala, Tamil Nadu, West Bengal, Odisha, Jharkhand, Sikkim, Nagaland, Meghalaya and Ladakh.

Signatories include people affiliated with more than 20 universities and institutes across the country. They are joined by journalists, columnists, lawyers, filmmakers, theatre artists, researchers, economists, and social workers. Members of organisations including the Network of Women in Media India, People’s Union for Civil Liberties, National Alliance of People’s Movements, National Federation of Indian Women, Lawyers for Democracy, ANHAD, Uttarakhand Mahila Manch, Uttarakhand Insaniyat Manch and the Joshimath Bachao
Sangharsh Samiti also signed.

They are concerned about the repeated adjournments of earlier hearings and are demanding
that the hearing on 30 September go ahead as scheduled, upholding every citizen’s right to be
heard in court.