Activist and scholar Umar Khalid has filed an application in the Delhi High Court seeking interim bail in a case related to the larger conspiracy allegedly leading to the riots in North East Delhi in 2020, which left 53 people dead and more than 700 injured.
The Division Bench of Justice Prathiba M Singh and Justice Madhu Jain is scheduled to hear the matter on May 22.
The former researcher has challenged the May 19 order of the trial court rejecting 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 Sessions Judge Sameer Bajpai of Karkardooma Courts had rejected Khalid’s bail plea on Tuesday, 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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