Umar Khalid challenges bail denial in Delhi riots case at High Court

Umar Khalid has moved the Delhi High Court against a trial court's order rejecting his bail in the 2020 Delhi riots UAPA case. Citing prolonged incarceration since 2020 and trial delays, he also seeks interim bail pending a Supreme Court ruling.

Activist and former JNU student leader Umar Khalid has moved the Delhi High Court challenging the trial court's order rejecting his regular bail plea in the alleged larger conspiracy case related to the 2020 North-East Delhi riots, registered under the Unlawful Activities (Prevention) Act (UAPA). His appeal is listed for hearing on Friday before a Division Bench of Justice Prathiba M. Singh and Justice Vikas Mahajan.

Khalid has challenged the July 4 order of the Karkardooma Court, which refused him regular bail. He has also filed an application seeking interim bail till the Supreme Court decides an important legal issue on whether prolonged incarceration and delay in trial can be grounds for granting bail despite the restrictions under laws such as the UAPA.

Appeal Cites Trial Delays

In his appeal, Khalid has said that more than six months have passed since the Supreme Court rejected his earlier bail plea on January 5, but there has been no meaningful progress in the trial. He has pointed out that arguments on framing of charges are still continuing and that he has been in custody since September 2020.

The plea states that the Supreme Court is currently examining the issue of whether prolonged custody and delay in trial can override the bar on bail under Section 43D(5) of the UAPA. It says the issue has been referred to a larger Bench after two Supreme Court Benches took different views. Khalid has requested the Delhi High Court to grant him interim bail until the Supreme Court decides the issue.

Background of Bail Rejection

On July 4, Additional Sessions Judge Sameer Bajpai of the Karkardooma Court rejected the regular bail pleas of Umar Khalid and co-accused Sharjeel Imam. The trial court held that it was bound by the Supreme Court's January 5 order, which had rejected their earlier bail pleas while allowing them to apply again only after the examination of the protected witnesses relied upon by the prosecution or after one year, whichever was earlier.

Since neither of those conditions had been fulfilled, the trial court held that the fresh bail applications were not maintainable. The prosecution had opposed the pleas, arguing that there had been no significant change in circumstances since the Supreme Court's earlier order. It also pointed out that Khalid's review petition had already been dismissed by the Supreme Court.

The case relates to the alleged larger conspiracy behind the 2020 North-East Delhi riots. The trial is still at the stage of arguments on charge, and charges have not yet been framed. (ANI)

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