The Supreme Court, on Tuesday, acceded to the request to examine the bail application of Umar Khalid, the former JNU student leader entangled in legal proceedings under the Unlawful Activities (Prevention) Act (UAPA) for his alleged involvement in the conspiracy linked to the northeast Delhi riots of February 2020. This pivotal legal matter has been scheduled for a hearing approximately four weeks from now.
Umar Khalid was taken into custody by the Delhi Police in September 2020 and confronted with a battery of charges, encompassing criminal conspiracy, rioting, and unlawful assembly, along with multiple sections of the Unlawful Activities (Prevention) Act (UAPA).
A bench, consisting of Justices Bela M Trivedi and Aniruddha Bose, opined that this case demands an extensive hearing and necessitates a thorough examination of the documentary evidence on record.
In response to the court's perspective, Senior advocate Kapil Sibal, who represents Umar Khalid, contended, "Certain provisions of the UAPA, notably those pertaining to terrorism, fundraising for terrorist activities, and conspiracy, are inapplicable to this case. I can substantiate before the court how specific sections encompassed within the chargesheet do not align with the allegations."
In light of these arguments, the bench concurred, stating, "We shall grant the petitioners the opportunity they seek and fix a date for the hearing in approximately four weeks. You must provide evidence that illustrates the disparities between the available evidence and the charges brought against you."
The bail plea is projected to be scheduled for a hearing in October.
In October of the previous year, the Delhi High Court declined Umar Khalid's bail application, contending that he maintained constant communication with other co-accused individuals and that the allegations against him prima facie carried veracity.
The high court had also posited that the actions attributed to the accused were, prima facie, indicative of a "terrorist act" in accordance with the UAPA.
Numerous activists, including Umar Khalid, Sharjeel Imam, and several others, find themselves implicated under the UAPA and pertinent sections of the Indian Penal Code, allegedly designated as the 'masterminds' behind the tumultuous events of February 2020 in the national capital, which regrettably resulted in the loss of 53 lives and left more than 700 individuals injured.
The upheaval had erupted in the midst of protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).
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