The Delhi High Court has asked the city police to provide their stand on activist Umar Khalid’s bail plea related to a case lodged under the Unlawful Activities (Prevention) Act (UAPA). This comes as part of an investigation into the alleged conspiracy behind the February 2020 riots in north-east Delhi.
This significant legal move took place on a Friday, as a bench of Justices Prathiba M Singh and Vikas Mahajan directed the Delhi Police to respond within two weeks. Khalid seeks his release for the third time since his arrest, with his counsel also requesting interim bail.
The court plans to hear Khalid’s plea on August 27, coinciding with the bail plea for co-accused Sharjeel Imam. Khalid challenges the trial court’s ruling from July 4, which denied his request for bail.
During the proceedings, Additional Solicitor General S V Raju, representing the Delhi Police, noted that Imam’s bail plea also faced rejection by the same trial court, suggesting the bench might consider both cases together.
Khalid’s troubles began when authorities arrested him in September 2020 under the UAPA, citing accusations that he masterminded the riots which resulted in 53 deaths and over 700 injuries. These riots erupted amid widespread protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).
Other activists, including Khalid Saifi and former AAP councillor Tahir Hussain, have also been implicated in the ongoing investigation led by the Delhi Police’s Special Cell.
On the day of its ruling, the trial court remarked that it had “no option but to follow” the Supreme Court’s order from January 5 and thus could not entertain Khalid’s plea. On that same date, the Supreme Court upheld a decision by a high court division bench denying Khalid bail, while granting relief to some co-accused.
The division bench, comprising Justices Aravind Kumar and N V Anjaria, acknowledged a prima facie case against both Khalid and Imam under the UAPA, emphasizing the differences in the level of involvement among the accused.
The outcome of the upcoming hearing on August 27 could significantly affect Khalid’s prospects for bail amidst a complex legal landscape that intertwines issues of activism, law, and civic rights.