The Delhi High Court on Friday directed that the bail appeal filed by former JNU student Umar Khalid in the alleged larger conspiracy case related to the 2020 North-East Delhi riots be heard along with the pending bail plea of co-accused Sharjeel Imam on August 27.
A Division Bench comprising Justices Prathiba M. Singh and Vikas Mahajan issued notice to the Delhi Police on Khalid’s appeal challenging the trial court’s order rejecting his third regular bail application. The Bench granted time to the prosecution to file its response and listed the matter for hearing alongside Imam’s appeal.
The High Court also sought the Delhi Police’s reply on Khalid’s application seeking interim bail. In the application, Khalid has requested temporary release pending adjudication by the Supreme Court on the legal issue concerning the scope of the bail restrictions under Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967 (UAPA), in light of the right to personal liberty guaranteed under Article 21 of the Constitution.
Khalid has challenged the July 4 order of the Karkardooma Court, which dismissed his fresh regular bail application as not maintainable. The trial court had observed that the Supreme Court, while rejecting his bail plea earlier this year, had permitted him to file a fresh application only after the examination of 50 additional prosecution witnesses or after the expiry of one year, whichever was earlier. Since neither condition had been fulfilled, the application was held to be premature.
Sharjeel Imam’s bail appeal, arising from the rejection of his second regular bail application, is already pending before the same Bench. The High Court had earlier issued notice in Imam’s plea and fixed August 27 for further hearing.
Both Khalid and Imam are accused in FIR No. 59 of 2020, registered by the Delhi Police Special Cell in connection with the alleged larger conspiracy behind the communal violence that broke out in North-East Delhi in February 2020. They are facing prosecution under various provisions of the Indian Penal Code and the Unlawful Activities (Prevention) Act, 1967. Their earlier applications for regular bail have been rejected at different stages of the proceedings.
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