In a fresh turn in the 2020 Delhi riots conspiracy case, former JNU student Umar Khalid has approached the Supreme Court seeking a review of its earlier order denying him bail. The matter was briefly mentioned before the Bench on Monday, with the Court indicating it will consider whether the plea requires an open court hearing.
Background of the Case
The case arises from the violence that broke out in Northeast Delhi in February 2020 during protests against the Citizenship Amendment Act (CAA). According to the police, 53 people lost their lives and several others were injured.
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Khalid was arrested in September 2020 and booked under multiple charges, including criminal conspiracy and provisions of the Unlawful Activities (Prevention) Act (UAPA), a stringent anti-terror law. Investigators have alleged that he was part of a larger conspiracy to incite riots.
Earlier Bail Rejection
In January this year, a Bench of Justice Aravind Kumar and Justice NV Anjaria refused bail to Umar Khalid and co-accused Sharjeel Imam, while granting relief to five other accused.
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The Court had observed that Khalid and Imam stood on a “different footing” compared to the others. It noted that the material on record disclosed a prima facie (at first glance) case against them.
“The prosecution material disclosed a prima facie allegation… the statutory threshold stands attracted,” the Court had said, concluding that bail was not justified at that stage.
Court Proceedings
During the mentioning, Senior Advocate Kapil Sibal, appearing for Khalid, requested that the review petition be heard in open court.
“I wanted to make a mention… it is listed on Wednesday. My request is, if your Lordships could consider hearing it in open court,” Sibal submitted.
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Responding briefly, Justice Aravind Kumar said, “We will look into the papers, and if required, we will call it,” indicating that the Court will decide the mode of hearing after examining the record.
The Supreme Court has not passed any formal direction on the request for an open court hearing. The review petition is scheduled to be listed on April 15, and the Court will consider the matter after reviewing the case papers.
Case Title: Umar Khalid v. State of NCT of Delhi
