LawChakra

Umar Khalid Bail Plea Adjourned

The Supreme Court of India recently postponed the hearing concerning the bail application of Umar Khalid, a prominent student and activist from Jawaharlal Nehru University (JNU). This application is directly related to the conspiracy case surrounding the Delhi Riots, and the case is formally recognized as

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“Umar Khalid vs State of NCT of Delhi.”

The decision to adjourn was made by a bench comprising Justices Aniruddha Bose and Bela M Trivedi. They highlighted the need for the case to be heard on what is termed a non-miscellaneous day. These days, typically falling on Tuesdays, Wednesdays, or Thursdays, are reserved for hearings that require a more extended duration. Elaborating on this, the bench remarked,

“This has to go on a non-miscellaneous day.”

In response to the bench’s suggestion, Senior Advocate Kapil Sibal, who is representing Khalid in this matter, expressed his agreement, stating, “Yes milord.” Following this exchange, the court provided further directions, specifying that the case should be

“listed on a non-miscellaneous day after 2 weeks.”

An important aspect to note in the progression of this case is the earlier decision by Justice Prashant Kumar Mishra to recuse himself from the hearing, indicating the sensitivity and significance of the matter.

The journey of Umar Khalid’s bail plea has seen multiple stages. He decided to challenge the Delhi High Court’s judgment from October 2022, which had denied him bail. Khalid’s initial arrest was executed by the Delhi Police in September 2020, where he was charged with several offenses. These charges encompassed criminal conspiracy, rioting, unlawful assembly, and other serious allegations under the Unlawful Activities (Prevention) Act (UAPA). Since that time, Khalid has been under continuous detention.

In a subsequent development, a Karkardooma court, in March 2022, also declined to grant bail to Khalid. This led him to approach the Delhi High Court, seeking relief. However, the High Court too did not grant him the desired relief, which prompted him to elevate his plea to the Supreme Court. Recognizing the gravity of the case and its implications, the Supreme Court, earlier in May this year, issued a formal notice to the Delhi Police, signaling its intent to delve deeper into Khalid’s bail plea and the surrounding circumstances.

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