JNU scholar Umar Khalid approaches Supreme Court Challenging UAPA Provisions

JNU scholar Umar Khalid approaches Supreme Court Challenging UAPA Provisions

Umar Khalid, a former JNU scholar and activist currently held as an undertrial prisoner in the Delhi riots' larger conspiracy case, has submitted a writ petition to the Supreme Court, contesting several provisions of the Unlawful Activities (Prevention) Act, 1967.

Yesterday, the Supreme Court included a petition from former JNU student leader Umar Khalid, contesting the constitutionality of the anti-terrorism law UAPA, in a group of previously filed petitions. Critics argue that this law is increasingly employed by governments to target political opponents and journalists.

A bench consisting of Justices Aniruddha Bose and Bela M. Trivedi, on October 20, grouped Umar Khalid's petition with previously filed petitions that challenge the constitutionality of provisions within the UAPA.

Umar Khalid has been in detention for more than three years, since September 2020, while awaiting his trial under the Unlawful Activities (Prevention) Act. He is accused of being part of the broader conspiracy related to the communal violence that erupted in Delhi in February 2020.

During the hearing, while the bench concurred to combine Khalid's petition with others challenging the anti-terrorism law, Justice Bose posed a question to Khalid's lawyer, Senior Advocate Kapil Sibal, asking, "Why file multiple writ petitions when a single one would be adequate?
 
Sibal explained, "This is a constitutional issue. So many things are happening forcing our hands. When enough petitions are there, we can tell the chief justice that it is affecting a number of people and ask for a hearing. If there's only one petition, it gets delayed."
 
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