In a session on Wednesday, the Supreme Court postponed the bail hearing for former JNU student Umar Khalid, charged under the UAPA anti-terror law for his alleged involvement in the conspiracy behind the northeast Delhi riots of February 2020. The Justices Bela M Trivedi and Pankaj Mithal deferred the matter to January 24 after senior advocate Kapil Sibal, representing Khalid, requested an adjournment, citing his involvement in a Constitution bench matter.
Expressing displeasure, the bench indicated reluctance to defer the case. Sibal argued, “He (Khalid) is in jail. How does it matter? We have never asked for time. Mr. Raju said he is also not available. I am in a Constitution bench. Kindly give a week. It is a reasonable request, I don’t understand.”
Despite Sibal’s insistence, the bench adjourned the matter. In its order, the Supreme Court stated, “Request is made on behalf of the petitioner. Request is made by learned senior counsel Kapil Sibal for accommodation as he is in a Constitution bench. Request is also made on behalf of ASG that he is busy today. List on January 24. No further adjournment shall be granted on that day.”
Khalid’s petition challenges the Delhi High Court’s October 18, 2022, order rejecting his bail plea, asserting that he was in constant touch with co-accused and the allegations against him were prima facie true. The high court deemed the accused’s actions as a “terrorist act” under the UAPA.
Umar Khalid, along with Sharjeel Imam and others, faces charges under the UAPA and various IPC provisions, accused of being the “masterminds” behind the February 2020 riots during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC). The violence resulted in 53 deaths and over 700 injuries.
Khalid, arrested in September 2020, seeks bail, asserting no criminal role in the violence and no “conspiratorial connect” with other accused. The Delhi Police opposed the bail, highlighting Khalid’s “calculated” speech touching on contentious issues like Babri Masjid, triple talaq, Kashmir, the alleged suppression of Muslims, and the CAA and NRC.
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