Observing that the 2020 Delhi riots accused Umar Khalid’s bail plea requires a detailed hearing, the Supreme Court on Tuesday ordered the listing of the matter after four weeks, meanwhile asking him (Umar Khalid) to file documents backing his case.
Umar Khalid, a former Jawaharlal Nehru University (JNU) student, is accused of being part of a larger conspiracy behind the riots and is arrested under the Unlawful Activities Prevention Act (UAPA ).
Adjourning the matter for four weeks, Justice Aniruddha Bose heading a bench also comprising Justice Bela M Trivedi asked senior advocate Kapil Sibal, appearing for Khalid, to file documents in the case.
The bench told Sibal, “List the case after four weeks… In this matter, we will have to go document-by-document. You have to show us what evidence is available and how it does not match with the charges against you.”
Responding to the bench, Sibal said certain provisions of the UAPA, including provisions concerning terrorism, raising funds for terrorist acts and conspiracy are not attracted in the case.
Khalid has approached the top court challenging an October 2022 Delhi High Court order denying bail to him.
Khalid was arrested by the Delhi Police in September 2020 and had sought bail on grounds that he neither had any “criminal role” in the violence in the city’s North-East area nor any “conspiratorial connect” with any other accused in the case. The Delhi Police had opposed Umar Khalid’s bail plea before the high court.
Khalid had approached the high court challenging the dismissal of his bail application by the trial court in March 2022.
He was charged with criminal conspiracy, rioting, unlawful assembly as well as several provisions of the Unlawful Activities (Prevention) Act.
Besides Khalid, Sharjeel Imam, activist Khalid Saifi, JNU students Natasha Narwal and Devangana Kalita, Jamia Coordination Committee members Safoora Zargar, former AAP councillor Tahir Hussain, and several others were booked under the stringent law in the case.
The violence had erupted during the protests against CAA and NRC and had left 53 people dead and over 700 injured.