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Synopsis

The Karkardooma District Court in Delhi, on Tuesday, refused bail to Umar Khalid, a former JNU scholar, in the case concerning communal unrest that occurred in northeast Delhi in February 2020, following clashes between supporters and protesters of the Citizenship (Amendment) Act, 2019.

Khalid's second bail plea has been dismissed by Additional Sessions Judge Sameer Bajpai of Karkardooma Court. Khalid had filed an application under Section 437 of the Criminal Procedure Code (CrPC) alongside Section 43D (5) of the UAPA at Karkardooma Court, subsequent to withdrawing his plea for relief from the Supreme Court. 

Umar Khalid argued that there was no basis for a terrorism charge against him, underscoring that his name was merely reiterated in the Delhi police's charge sheet.

Background:

On September 13, 2020, Umar Khalid was apprehended in connection with communal clashes that unfolded in northeast Delhi in February 2020, after violence between supporters and protesters of the Citizenship (Amendment) Act, 2019 spiraled out of control, resulting in numerous casualties and injuries.

Earlier, ASJ Amitabh Rawat of Karkardooma Court, while rejecting Khalid's bail plea, observed that Khalid's name was consistently mentioned from the inception of the conspiracy until the riots occurred, and that there were multiple statements from witnesses (recorded before the magistrate and police) providing ‘incriminating material’ against Khalid.

Khalid contested the aforementioned order before the Delhi High Court on the grounds of lack of evidence linking him to the violence that erupted in Delhi during the riots. However, the high court also denied bail to Khalid.

In February, the court had requested the Delhi Police to respond to the bail petition submitted by UAPA accused Umar Khalid in connection with the case involving communal clashes that transpired in northeast Delhi in February 2020, following violence between supporters and protesters of the Citizenship (Amendment) Act, 2019.

Case Title: State Vs. Tahir Hussain & Others (Umar Khalid)