Delhi HC Seeks Police Response On Umar Khalid’s Bail Pleas In 2020 Riots Conspiracy Case

The Delhi High Court on Friday sought a response from the Delhi Police on former JNU student Umar Khalid’s pleas for regular and interim bail in the 2020 northeast Delhi riots larger conspiracy case. Khalid, who remains in jail under the Unlawful Activities (Prevention) Act (UAPA), has challenged a trial court order rejecting his fresh regular bail application.

A Division Bench of Justices Prathiba M. Singh and Vikas Mahajan issued notice to the Delhi Police and listed Khalid’s pleas for further hearing on August 27. Co-accused Sharjeel Imam’s regular bail plea will also be taken up on the same day.

Khalid seeks interim bail citing prolonged incarceration

Senior advocate Trideep Pais, appearing for Khalid, told the High Court that apart from challenging the Karkardooma Court’s refusal to grant regular bail, Khalid was seeking interim relief in light of a recent Supreme Court development.

The Supreme Court has referred to a larger Bench the question of whether prolonged incarceration and delays in trial can justify bail in UAPA cases despite the restrictions imposed under Section 43D(5) of the law.

Pais argued that Khalid should be granted interim bail while the larger Bench considers the issue.

Trial court had rejected fresh bail pleas

Earlier this month, Additional Sessions Judge Sameer Bajpai of the Karkardooma Court dismissed the regular bail applications filed by Khalid and Imam, holding that it was bound by the Supreme Court’s January 5 order refusing them bail.

The apex court had said the two accused could renew their bail pleas only after the prosecution’s protected witnesses were examined or after one year from its January 5 order, whichever came earlier.

The trial court consequently held that their fresh applications were not maintainable at this stage.

Defence cites interim bail granted to co-accused

Before the trial court, the defence argued that circumstances had changed since the Supreme Court’s January 5 decision.

It cited the apex court’s subsequent decision to grant six months’ interim bail to co-accused Tasleem Ahmed and Khalid Saifi while referring the question of prolonged incarceration and trial delays in UAPA cases to a larger Bench.

The prosecution opposed the argument, maintaining that there had been no substantial change in circumstances and that the Supreme Court had already rejected Khalid and Imam’s bail pleas.

What is the 2020 Delhi riots conspiracy case?

The case concerns the alleged larger conspiracy behind the communal violence that erupted in northeast Delhi in February 2020. Khalid, Imam and several others were booked under the UAPA and other penal provisions.

Earlier this year, the Supreme Court refused bail to Khalid and Imam after holding that the prosecution material disclosed prima facie grounds attracting the statutory restrictions on bail under Section 43D(5) of the UAPA.

The court, however, granted bail to five co-accused — Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmed.

The Delhi High Court will now take up Khalid’s regular and interim bail pleas on August 27.