2020 Delhi Riots: SC Adjourns Hearing on Umar Khalid’s Bail Plea till Jan 24

The Supreme Court on Wednesday adjourned the hearing on the bail plea of former JNU student Umar Khalid until January 24. The case involves allegations under the anti-terror law UAPA concerning Khalid’s purported involvement in the conspiracy behind the northeast Delhi riots of February 2020.

A bench of Justices Bela M Trivedi and Pankaj Mithal deferred the matter after senior advocate Kapil Sibal, representing Khalid, requested an adjournment due to his engagement in a constitution bench matter. Sibal pointed out that Additional Solicitor General S V Raju was also unavailable.

Expressing displeasure, the bench conveyed its reluctance to defer the matter. Sibal emphasized Khalid’s incarceration, stating, “He (Khalid) is in jail. How does it matter? We have never asked for time. Mr. Raju said he is also not available. I am in a constitution bench. Kindly give a week. It is a reasonable request, I don’t understand.” Despite Sibal’s insistence, the court adjourned the matter.

The court’s order stated, “Request is made on behalf of petitioner. Request is made by learned senior counsel Kapil Sibal for accommodation as he is in a constitution bench. Request is also made on behalf of ASG that he is busy today. List on January 24. No further adjournment shall be granted on that day.”

The case was listed alongside other petitions challenging various provisions of the UAPA.

It is noteworthy that Justice Prashant Kumar Mishra recused himself from hearing Khalid’s plea on August 9, 2023.

Khalid’s petition challenges the Delhi High Court’s October 18, 2022, order rejecting his bail plea. The high court, while rejecting bail, cited Khalid’s consistent communication with other co-accused and deemed the allegations against him prima facie true. The court also considered the accused’s actions as qualifying as a “terrorist act” under the Unlawful Activities (Prevention) Act.

Khalid, along with Sharjeel Imam and others, faces charges under the UAPA and relevant sections of the Indian Penal Code, being accused of being the “masterminds” behind the February 2020 riots that resulted in 53 fatalities and over 700 injuries. The violence erupted during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).

Arrested by the Delhi Police in September 2020, Khalid sought bail, asserting his lack of a criminal role in the violence and any conspiratorial connection with other accused in the case. The Delhi Police opposed Khalid’s bail plea in the high court, contending that his speech was “very calculated” and touched upon contentious issues such as Babri Masjid, triple talaq, Kashmir, the alleged suppression of Muslims, and the CAA and NRC.