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Synopsis

After Justice Prashant Kumar Mishra recused from hearing the bail plea filed by UAPA accused Umar Khalid, the Supreme Court adjourned the case today.

When the matter was taken up, Justice AS Bopanna, who was also a part of the bench, said, "This will come before some other bench, here is some difficulty on part of my brother judge".

Earlier last month, Supreme Court had decided to take up the matter on a later date after the Delhi Police sought for some time to file a response to Khalid's plea.

Senior Advocate Kapil Sibal, appearing for Khalid, had then opposed the state's request saying, "What reply in a bail matter. he has been in jail for over 2ys 8 months...".

 

In October 2022, the Delhi High Court had dismissed the appeal filed by Umar Khalid challenging the lower court's order dismissing his bail application stating, "This court expresses the inescapable conclusion that allegations against the appellant are prima facie true".

The High Court on September 9, 2022 had reserved its judgment in Khalid's appeal after the completion of the arguments put forth by both the parties.

Khalid has been arrested for allegations under several provisions of the Unlawful Activities (Prevention) Act.

A division bench of Justice Siddhartha Mridul and Justice Rajnish Bhatnagar had said, "We don't find any fair merit in the appeal". Additionally, the high court bench had noted, "The cumulative statement of the protected witnesses indicates the presence and active involvement of the appellant (Umar Khalid) in the protests, engineered against the CAA/NRC. Admittedly these protests metamorphosed into violent riots in February 2020, which began by firstly choking public roads, then violently and designedly attacking policemen and random members of the public, whereat firearms, acid bottles, stones, etc. were used, resulting in the admitted and sad loss of 53 precious lives and the destruction of property worth several Crores".

Khalid had challenged the lower court's order rejecting his bail application on the grounds that there is no evidence linking him to the violence that erupted in Delhi during the riots.

While denying Khalid bail, Additional Sessions Judge Amitabh Rawat of Karkardooma Court found that Khalid's name is a "recurring mention" from the beginning of the conspiracy till the riots & that there are numerous statements of witnesses (recorded before the magistrate and before the police) highlighting "incriminating material" against the accused Umar Khalid.

In his challenge before the Delhi High Court, Khalid had stated that there was no evidence linking him to the violence that erupted in Delhi during the riots.

Case Title: Umar Khalid vs. State of NCT Delhi