United Against Hate founder’s mere presence at a protest cannot be grounds for denying bail under UAPA, argues his lawyer
Mohammad bin Ismail | Clarion India
NEW DELHI – The Delhi High Court took up the bail plea of Khalid Saifi, founder of United Against Hate, who has been in jail since his arrest in connection with the deadly Northeast Delhi riots of February 2020. The high court bench of Justices Naveen Chawla and Shailendra Kaur heard the case on Tuesday and scheduled the next hearing for 16 April, when arguments from other accused seeking similar relief will also be considered.
Saifi’s legal team argued that there was no concrete evidence linking him to terrorist activities, urging the court to grant him bail after five years behind bars.
The riots, which erupted in the capital over the controversial Citizenship Amendment Act (CAA), claimed 53 lives, most of them Muslims, and left hundreds injured. Following the violence, Delhi Police and other agencies launched a sweeping investigation, leading to Saifi’s arrest under the stringent Unlawful Activities (Prevention) Act (UAPA). He has remained in custody since, despite securing bail in one related case and an acquittal in another.
Senior advocate Rebecca Jaan, representing Saifi, told the court that her client’s prolonged detention was unjustified. “Saifi has served five years of his sentence already,” she said. “There is no evidence to prove he committed any terrorist act or conspired for one. His mere presence at a protest cannot be grounds for denying bail under UAPA.”
Jaan further argued that Saifi joined the protests at Jantar Mantar — a public space — because he believed in opposing the Citizenship Amendment Bill, a right she described as “constitutionally protected.” She pointed out inconsistencies in the police investigation, noting that no action had been taken against the administrators of the ‘Pass app’ group, which was allegedly linked to the riots. “My client does not deny participating in the protest,” Jaan said. “But why is he still in jail when others, including co-accused who are out on bail, have faced no such scrutiny?”
Saifi’s legal team also highlighted his treatment compared to others involved in the case. “He is simply seeking equality with his co-accused who are already free,” Jaan told the bench. “The trial is still at the stage of framing charges — how long must he wait for justice?”
The Delhi riots remain a deeply divisive issue, with many Muslim families alleging they were unfairly targeted in the aftermath. Saifi, a prominent activist, has maintained that his arrest was politically motivated. His supporters claim he was working to promote peace and unity, not violence, during the turbulent period.
The prosecution, however, has accused Saifi of playing a key role in orchestrating the unrest, a charge his lawyer vehemently denies. With the next hearing set for mid-April, the court will also consider similar pleas from other accused, potentially shaping the trajectory of this high-profile case.
For now, Saifi remains in jail, his fate hanging in the balance as his legal team fights to secure his release. “This is about fairness,” Jaan concluded. “Five years is long enough — my client deserves to be heard.”