Former JNU student leader Umar Khalid has moved the Delhi High Court against a trial court's decision to deny him interim bail in a case registered under the Unlawful Activities (Prevention) Act (UAPA) related to the 2020 Delhi riots. The plea challenges the order passed by the sessions court, which had rejected his request for 15 days of interim bail.
Grounds for Interim Bail
Khalid had sought temporary release to attend the 40-day post-death ritual, known as Chehlum, of his uncle and to take care of his mother, who is scheduled to undergo a surgery. In his application, he argued that his presence was essential for the religious ceremony and that his mother required his support during her medical treatment.
Trial Court's Rejection
The trial court, however, declined the plea, citing the seriousness of the charges against Khalid and the potential risk of him influencing witnesses or tampering with evidence. The court also noted that the investigation was at a critical stage and that granting bail could impede the legal process.
Khalid has been in custody since September 2020 in connection with a larger conspiracy case related to the February 2020 communal violence in Delhi. The prosecution has alleged that he was one of the key conspirators behind the riots, which left over 50 people dead and hundreds injured.
Legal Arguments
In his appeal before the Delhi High Court, Khalid's counsel contended that the trial court had failed to consider the humanitarian grounds for the interim bail. They argued that the right to attend a family member's funeral ritual is a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty.
The counsel further submitted that Khalid's mother, who is elderly and ailing, needs his presence for her surgery and post-operative care. They emphasized that there was no evidence to suggest that Khalid would abscond or tamper with evidence if granted interim bail, as he has deep roots in the community and no prior criminal record.
Prosecution's Stand
The Delhi Police, representing the prosecution, opposed the bail plea, arguing that Khalid is a influential figure who could potentially misuse his freedom. They pointed to the nature of the charges, which involve allegations of conspiracy and incitement to violence, and stressed that the investigation is still ongoing.
The High Court is expected to hear the matter in the coming days. Legal experts believe that the court will weigh the humanitarian aspects against the severity of the allegations before arriving at a decision.
Background of the Case
Umar Khalid was arrested on September 13, 2020, and has been in judicial custody since then. He is one of several activists and students charged under the UAPA for allegedly being part of a conspiracy that led to the Delhi riots in February 2020. The riots erupted after clashes between supporters of the Citizenship Amendment Act (CAA) and its opponents.
Khalid's previous bail pleas have been rejected by both the trial court and the High Court. The Supreme Court has also refused to entertain his petitions for bail. The case remains pending trial, with the prosecution still presenting evidence.
