After Umar Khalid moved for interim bail for two weeks in the Unlawful Activities (Prevention) Act (UAPA) case against him, a special court dealing with Delhi Riots cases recently sought the prosecution's response.

Additional Sessions Judge Amitabh Rawat issued notice on a new application filed by Khalid under section 439 of the Cr.P.C. and scheduled arguments for November 25.

"Let reply be filed by the prosecution after verification of contents mentioned in the application. Put up for filing of reply and arguments on the interim bail application of applicant/accused Umar Khalid on 25.11.2022," The court stated in its November 18 order. The bench went on to say that the allegations against Khalid were prima facie true, but that the observations were only for the purpose of bail.

On October 18, this year, the Delhi High Court denied Khalid's bail application, noting that the allegations against him were "prima facie true," and thus the embargo imposed by Section 43D(5) of the UAPA applied squarely during the bail hearing.

In this case, the Delhi Police arrested Khalid on September 13, 2020, and charged him on November 22, 2020, under various sections of the UAPA and the Indian Penal Code. Khalid filed a bail plea in July 2021, and after several hearings, the trial court denied it on March 24, 2022. He then filed an appeal with the Delhi High Court.

Case Title: State v. Tahir Hussain & Ors

Citation: SC No. 163-2020