'Injustice, Article 21 Right Violated': Kapil Sibal On Denial Of Bail To Umar Khalid & Others

After Delhi High Court's denial of bail to Delhi Riots larger conspiracy case accused-Umar Khalid (and others), Senior Advocate and Rajya Sabha MP Kapil Sibal held a press conference yesterday criticising that the judiciary was delaying hearing in the matter and "violating" the right to life guaranteed under Article 21 of the Constitution.

"If Court does not decide for years, we are the ones to be blamed? This is the state of courts. If you do not want to give bail, dismiss the case. Why do you have to hold 20-30 hearings over years?...In our opinion, this was a violation of Article 21. This injustice should not happen. If someone threatens integrity of India, we will stand with the country, not them. But we will have to stand with innocents" Sibal remarked.

The senior counsel further mentioned that Khalid (and others) would be approaching the Supreme Court against the Delhi High Court verdict and expressed faith that they we will be heard. "Protest is a citizen's constitutional right - does not mean agencies will send people to jail under UAPA", he commented.

Notably, Sibal also questioned the recusal of certain judges from the matter without any explanation. "Judges should explain their recusal...there must be some reason. There must be something special, which we do not know. A person who has approached the Court for relief, he must know why a judge won't hear his matter", he said.

Citing judicial precedents in UAPA cases, Sibal lamented that "the Supreme Court violates its own decisions". The judicial decisions cited by him included - Athar Parwez v. Union of India (accused spent 2 years 4 months in jail; got bail); Shoma Kanti Sen v. State (accused spent 6 year in jail; got bail); Jahir Haq v. State of Rajasthan (accused spent 8 years in jail; got bail) and Union of India v. KA Najeeb (accused spent 5 years in jail, got bail). It was mentioned that in some of these cases, even charges had been framed, which is not the case with Khalid.

Referring to the delay ordained in the matter on the part of the judiciary, and deprecating the Delhi High Court's view that the accused's lawyers caused delay, Sibal underscored that the first appeal before the High Court went through 28 hearings over a span of 180 days. When relief was denied, Khalid approached the Supreme Court, but his matter remained pending there for 272 days. Notably, Justice Prashant Kumar Mishra recused from hearing his case. Ultimately, Khalid withdrew his case in order to approach the trial Court.

Sibal pointed out that the Supreme Court has repeatedly held that bail matters should be heard at the earliest. Yet, the second criminal appeal filed by Khalid before the High Court was heard for about 407 days by a Division Bench. On 09.07.2025, orders were reserved, but never pronounced. When the matter went to another Division Bench, it refused to hear the same.

On the Delhi High Court's opinion that accused's lawyers caused delay in the matter, Sibal clarified that though the allegation is of 7 adjournments, they asked for adjournment only twice - once, due to a health issue, and a second time, as Sibal was before a Constitution Bench in the Article 370 case.

The senior counsel also emphasized that Khalid gave the subject speech in Mumbai and was not in Delhi at the time of the Riots. There is no direct evidence, yet, he has spent 5 years in jail and not been granted bail. He further stressed that the alleged offense can even attract punishment of death penalty and the prosecuting agencies are not sharing videos of the Delhi Riots, despite the accused asking that they be shown to the Court. "I can confidently say today that if this case goes to trial, all of them will be acquitted. This conspiracy will be exposed", Sibal remarked.

In response to a question, he further claimed that the prosecuting agency has recorded statements of "protected witnesses". Since the same are not available to the accused, how can they argue, he asked. "Chargesheet is not a proof of anything, it's the agency's opinion...If chargesheet is treated as proof, no one would get bail", Sibal said.

The senior counsel also called out the politicians, lawyers, etc. for not speaking up. "53 people died, 2/3rd were of one community...all politicians who gave inflammatory speeches, were proceedings initiated against them? And the judge who asked why they were not being prosecuted, he was transferred. This is the state of the judiciary and the government. Where can one go? Our political parties also don't raise these issues. A public wrong is happening. Who will raise voice against it? Our lawyers, middle-class, society - all are quiet", Sibal said.