The Delhi High Court on Friday granted interim bail for three days to activist Umar Khalid, an accused in the larger conspiracy case linked to the 2020 North-East Delhi riots, permitting him to visit his ailing mother, who is scheduled to undergo surgery on June 2.
The Division Bench of Justice Prathiba M Singh and Justice Madhu Jain passed the order on Khalid’s appeal challenging a sessions court order, which denied him interim bail on May 19. The High Court exercised its discretion to grant limited relief strictly on humanitarian grounds, keeping in view the medical condition of his mother.
The Bench imposed stringent conditions while allowing temporary release. It directed Khalid to furnish a surety bond of Rs one lakh, remain within the National Capital Region during the bail period, and restrict his movements solely to his residential address and the hospital where his mother is admitted. The court also mandated that he use only one mobile number and prohibited any contact or travel to other locations during the period of interim bail.
The former researcher moved the High Court challenging the May 19 order of the trial court, which rejected his application for interim bail in the case. In his appeal before the High Court, Khalid sought interim bail for 15 days to attend the Chehlum ceremony following the death of his uncle and to assist in the pre-operative and post-operative care of his mother, whose surgery is scheduled for June 2.
Additional Solicitor General SV Raju, appearing for the Delhi Police, opposed the plea, arguing that the surgery was minor in nature and that other family members, including his sisters, could take care of his mother. The prosecution also suggested that custody escort arrangements could be made instead of granting bail.
During the hearing, the court sought clarification on the medical condition and treatment details. Senior Advocate Trideep Pais, representing Khalid, submitted that the surgery was for the removal of a cyst on the mother’s back.
On May 19, Additional Sessions Judge Sameer Bajpai of Karkardooma Courts had rejected Khalid’s bail plea, observing that the fact that Khalid and other accused persons had previously been granted interim bail and had complied with bail conditions could not automatically entitle them to interim relief on every occasion.
The court held that attending the Chehlum ceremony did not constitute an unavoidable circumstance warranting interim release. It further noted that if the relationship with the deceased uncle was so close, Khalid could have sought interim bail immediately after the death instead of at a later stage.
Special Public Prosecutor Anirudh Mishra had opposed the plea before the trial court, submitting that Khalid’s mother’s surgery was not serious in nature and that other family members were available to take care of her. It was argued that Khalid had five sisters, and his father was also present to assist his mother during the surgery and recovery period. Accepting the submissions, the trial court observed that the surgery involved the removal of lumps under local anaesthesia and did not require the presence of the accused for caregiving purposes.
Delhi Police had registered FIR No. 59/2020 under stringent provisions of the Unlawful Activities (Prevention) Act, 1967, including Sections 13, 16, 17 and 18 relating to unlawful activities, terrorist acts, raising funds for terrorist activities and criminal conspiracy. The FIR also invoked Sections 25 and 27 of the Arms Act and Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984, along with multiple provisions of the Indian Penal Code, 1860.
Khalid was arrested in the case on September 13, 2020. The trial court had rejected his regular bail application on March 24, 2022. The order was later upheld by the Delhi High Court on October 18, 2022.
Besides Khalid, several other persons have been charge-sheeted in the case, including former AAP councillor Tahir Hussain; activist Sharjeel Imam, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman; activist Khalid Saifi; Shadab Ahmed; Tasleem Ahmed; Salim Malik and Athar Khan. A supplementary charge sheet was subsequently filed against Khalid and Imam in the case.
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