The Supreme Court of India, on January 10, decided to adjourn the bail hearing of former Jawaharlal Nehru University student leader Umar Khalid, involved in the Delhi riots larger conspiracy case, to January 24. This decision came after requests for adjournment from both sides, with Senior Advocate Kapil Sibal, representing Khalid, and the Delhi Police citing their respective unavailabilities.
Kapil Sibal, engaged in another significant Constitution Bench hearing on the same day, requested the adjournment of Khalid’s case. Concurrently, the Delhi Police sought more time due to the unavailability of Additional Solicitor General SV Raju. The bench, comprising Justices Bela Trivedi and Pankaj Mithal, initially expressed reluctance to postpone the hearing. Justice Trivedi firmly stated,
“We will not grant any adjournment…,”
indicating the bench’s intention to proceed with the hearing as scheduled. She further reiterated,
“We will not grant any time,”
emphasizing the court’s initial stance on the matter.
Despite this, Sibal, citing his commitment to argue before a Constitution Bench in the AMU case, reiterated his request for the adjournment. Addressing the court’s concerns about delays, Justice Mithal noted,
“The impression goes that the Court is not taking up the matter.”
This observation reflected the bench’s awareness of the potential public perception regarding the postponement of the case.
Senior Advocates Arvind Datar and Huzefa Ahmadi, appearing in connected petitions challenging certain provisions of the Unlawful Activities Prevention Act, also supported Sibal’s request for an adjournment. Their involvement underscored the interconnected nature of these cases and the importance of the issues at hand.
Ultimately, after considerable persuasion by Sibal and the other lawyers, the bench agreed to reschedule the hearing to January 24. The court recorded that both the petitioner and the Union had requested more time. The bench also clarified that no further adjournment would be granted, indicating their intention to proceed without further delay.
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Umar Khalid has been in jail as an undertrial since September 14, 2020, following his arrest by the Delhi Police in the UAPA case related to the alleged larger conspiracy behind the Delhi riots of February 2020. He faces charges under various sections of the Unlawful Activities (Prevention) Act, 1967, the Arms Act, 1959, and the Prevention of Damage to Public Property Act, 1984.
In October 2022, the Delhi High Court upheld a March 2022 order of a trial court that denied Khalid bail. Justices Siddharth Mridul and Rajnish Bhatnagar of the High Court observed that the protests against the Citizenship Amendment Act, 2019 (CAA), were linked to the 2020 North-East Delhi riots through various ‘conspiratorial meetings’ from December 2019 to February 2020, some attended by Khalid. The High Court also critically viewed Khalid’s use of phrases like ‘inquilabli salam’ (revolutionary salute) and ‘krantikari istiqbal’ (revolutionary welcome) in a speech, interpreting them as potential incitements of violence. The bench stated,
“Revolution by itself isn’t always bloodless, which is why it is contradistinctly used with the prefix – a ‘bloodless’ revolution. So, when we use the expression ‘revolution’, it is not necessarily bloodless.”
Additionally, the bench questioned the use of the word ‘jumla’ against the prime minister, suggesting that there should be a ‘lakshman rekha’ for criticism.
The case, titled Umar Khalid v. State of NCT of Delhi (Criminal Appeal No(s). 2826/2023), will now be heard on January 24, with the Supreme Court indicating that no further adjournments will be granted, thereby setting a definitive date for the next phase of this high-profile case.
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