The Supreme Court in the case Umar Khalid v. State of NCT of Delhi observed and has adjourned the hearing petition filed by former JNU scholar Umar Khalid wherein it seeks bail in the Delhi riots larger conspiracy case. Senior Advocate Kapil Sibal, Khalid’s lawyer, requested for adjournment as he is being engaged in the Constitution Bench hearing.
The bench comprising of Justice Bela Trivedi and Justice Pankaj Mithal in the case observed and though initially reluctant to adjourn the matter, ultimately agreed to post it on January 24 after repeated persuasions by Sibal. The Delhi police seek time citing the unavailability of Additional Solicitor General SV Raju.
The said matter was mentioned by Sibal in the morning itself wherein requestion the court for adjournment.The bench headed by Justice Trivedi stated that the bench would hear the matter and no further time will be granted.
It has also been stated by Sibal that he has to argue before a Constitution Bench today (in the AMU case) and repeated his request and the impression goes that the Court is not taking up the matter. The counsel, Senior Advocate Arvind Datar and Senior Advocate Huzefa Ahmadi appearing in the connected petitions challenged the validity of certain provisions of the Unlawful Activities Prevention Act, also joined Sibal’s request.
The bench after persuasion by Sibal and other lawyers agreed to post the matter on January 24 while recording that both the petitioner and the Union requested time. Thus, no further adjournment will be granted.
The court in the case stated that Khalid has been in jail as an undertrial in the case since his arrest by the Delhi Police on September 14, 2020, in the UAPA case over the alleged larger conspiracy behind the Delhi riots of February 2020. The court booked Khalid under Section 13, Section 16, Section 17, and Section 18 of the Unlawful Activities (Prevention) Act, 1967, Section 25 and Section 27 of the Arms Act, 1959, and Section 3 and Section 4 of the Prevention of Damage to Public Property Act, 1984.
The Delhi High Court upheld the order of March 2022 wherein the trial court denied the bail. The Division bench comprising of Justice Siddharth Mridul and Justice Rajnish Bhatnagar in the case observed and has stated that the protests against Citizenship Amendment Act, 2019 CAA were geared towards the 2020 North-East Delhi riots through various ‘conspiratorial meetings’ held from December 2019 till February 2020, some of which were also attended by Khalid.
The Delhi High Court in the case observed and took serious view of Khalid using the words ‘inquilabli salam’ (revolutionary salute) and ‘krantikari istiqbal’ (revolutionary welcome) in a speech given in Amaravati in February 2020, considering it to be an incitement of violence and the revolution by itself is not always bloodless, which is why it is contra distinctly used with the prefix – a ‘bloodless’ revolution. So, when we use the expression ‘revolution’, it is not necessarily bloodless.
The bench also questioned the UAPA accused for using the world ‘jumla’ against the prime minister, remarking that there should be a ‘lakshman rekha’ for criticism. Accordingly, the court listed the matter for further consideration on January 24, 2024.
