SC: Umar Khalid's UAPA bail hearing adjourned to Jan 10

SC: Umar Khalid's UAPA bail hearing adjourned to Jan 10

In a recent development, the Supreme Court has decided to postpone the hearing on the bail request of Umar Khalid, a former student of Jawaharlal Nehru University (JNU), until January 10. The case involves charges under the anti-terror law Unlawful Activities (Prevention) Act (UAPA), accusing Khalid of being part of a conspiracy linked to the February 2020 northeast Delhi riots.

A panel consisting of Justices Bela M Trivedi and Satish Chandra Sharma opted to delay the proceedings due to the unavailability of senior advocate Kapil Sibal, who represents Umar Khalid, and Additional Solicitor General S V Raju.

According to the bench, "The appellant and the Union of India jointly request the adjournment due to the unavailability of the senior advocates who are slated to argue the case. The bench has agreed to the request and decided to list the matter on January 10. In the interim, the completion of pleadings in the case is directed."

The case was scheduled alongside a group of petitions challenging various aspects of the Unlawful Activities (Prevention) Act (UAPA).

Supreme Court Justice Prashant Kumar Mishra had earlier withdrawn from overseeing Umar Khalid's plea on August 9, citing his recusal from the case.

Umar Khalid's petition challenges the Delhi High Court's decision on October 18, 2022, which dismissed his bail application related to the case. The high court had rejected Khalid's bail application, stating that he maintained regular contact with other co-accused individuals and that the accusations against him appeared to be prima facie valid.

Moreover, the high court noted that the actions of the accused, including Umar Khalid, prima facie met the criteria for a "terrorist act" as defined under the Unlawful Activities (Prevention) Act.

Umar Khalid, along with Sharjeel Imam and several others, faces charges under the anti-terror law UAPA and various sections of the Indian Penal Code. They are accused of being the alleged "masterminds" behind the February 2020 riots in northeast Delhi, resulting in 53 fatalities and over 700 injuries.

The violence in February 2020 occurred amid protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).

Umar Khalid, arrested by the Delhi Police in September 2020, has appealed for bail, asserting that he played no criminal role in the violence and had no "conspiratorial connection" with any other accused involved in the case.

The Delhi Police opposed Umar Khalid's bail plea in the high court, contending that his speech was "very calculated." They argued that Khalid had raised contentious issues such as the Babri Masjid, triple talaq, Kashmir, the alleged suppression of Muslims, and the Citizenship (Amendment) Act (CAA) and National Register of Citizens (NRC).

 

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