Today, the Supreme Court adjourns an appeal for bail filed by former Jawaharlal Nehru University (JNU) student leader Umar Khalid and agreed to examine after four weeks evidence he may produce in his favour against charges levelled against him under the Unlawful Activities (Prevention) Act in connection with the February 2020 Delhi riots case.
The division bench of Justices Aniruddha Bose and Bela M. Trivedi held that the case would have to be heard and decided by going through the documentary evidence.
“We will grant leave now and list the case after four weeks... You have to show us what evidence is available and how it does not match with the charges against you,” Justice Bose addressed senior advocate Kapil Sibal, appearing for Mr. Khalid.
In the case, Mr. Sibal asserted that specific sections of the UAPA, such as those related to terrorism, fundraising for terrorist activities, and conspiracy, were not applicable.
The case has faced multiple adjournments over the past few months. The bail petition has been on the docket since May of this year. On May 18, a Bench comprising Justices Bopanna and Hima Kohli had issued a notice and scheduled the case for a hearing after a six-week interval.
Mr. Sibal has consistently highlighted in court that his client has spent more than two years in jail. Mr. Khalid is facing allegations of involvement in a "larger conspiracy" related to the Delhi riots.
The Delhi High Court in October last year refused to grant bail to Mr. Khalid, saying he was in constant touch with other co-accused and allegations against him were prima facie true.
The High Court had said the acts of the accused prima facie qualified as “terrorist act” under the UAPA. The High Court had said the anti-Citizenship (Amendment) Act protests “metamorphosed into violent riots”, which “prima facie seemed to be orchestrated at the conspiratorial meetings”, and the statements of the witnesses indicate Mr. Khalid’s “active involvement” in the protests.
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