New Delhi, Jan 10 – The Supreme Court adjourned the bail plea of former JNU student Umar Khalid, the key conspirator in the Delhi 2020 riots, challenging the Delhi High Court’s order denying him bail. The adjournment came as senior lawyers representing Khalid were engaged in another case before the Constitution Bench.
Justice Bela M. Trivedi and Justice Pankaj Mithal, showing immense displeasure, reluctantly deferred the hearing.
Senior advocate Kapil Sibal appeared before the court and sought more time, explaining that he was engaged in a constitution bench matter and the Additional Solicitor General S.V Raju, appearing on behalf of the State, was also unavailable. Therefore, Sibal requested the matter to be posted to some other date.
However, the bench rejected the request outright, stating, He is in jail. How does it matter? In the previous hearing on November 29, 2023, both counsels had sought to adjourn the hearing due to the non-availability of the Senior Advocates who were going to argue the matter.
Finally, the bench agreed to list the matter on January 17. Sibal further requested that the matter be listed on January 24, to which the bench agreed.
Supreme Court was hearing Umar Khalid’s bail application in the larger conspiracy case of the Delhi 2020 riots. In his petition, Khalid has also challenged the validity of UAPA provisions.
Umar Khalid had challenged the Delhi High Court’s order, which dismissed his bail application on October 18, 2022. The High Court observed that the acts of the accused prima facie qualified as terrorist acts under the anti-terror law UAPA.
The planned protests were not the kind that is normal in political culture or democracy but were far more destructive and injurious and geared towards extremely grave consequences, the High Court stated in its 52-page order. The court concluded that the acts of the accused prima facie qualified as a terrorist act under the UAPA.
Umar Khalid, along with Sharjeel Imam and several others, were booked under the anti-terror law Unlawful Activities (Prevention) Act (UAPA) and provisions of the Indian Penal Code for allegedly being the masterminds of the February 2020 riots, which resulted in the death of 53 people and left over 700 injured.
—UNI SNG AKS