Jailed student activist Umar Khalid has approached the Delhi High Court challenging a trial court order that denied him interim bail in the larger conspiracy case linked to the 2020 Delhi riots.
Khalid moved the High Court on Thursday seeking temporary bail on humanitarian grounds to attend the Chehlum ceremony of his late uncle and to take care of his mother, who is scheduled to undergo surgery next month.
According to the Delhi High Court causelist, a bench comprising Justices Prathiba M. Singh and Madhu Jain is expected to hear the matter on Friday.
Earlier, a Delhi court had dismissed Khalid’s plea for 15 days’ interim bail. The order was passed by Additional Sessions Judge Sameer Bajpai of the Karkardooma Court.
Plea Mentions Mother’s Surgery and Family Responsibilities
In his application before the trial court, Khalid stated that his uncle, Khursheed Ahmad Khan, died on April 10 and the Chehlum ceremony is scheduled to be held in Delhi on May 24.
The plea also mentioned that Khalid’s mother is unwell and has been advised surgery for lump excision on June 2 at a private hospital.
Khalid argued that his 71-year-old father was not in a condition to care for her properly and that his married sisters live away from the family home. The plea said he was the eldest and only son in the family and was needed to support his mother before and after the operation.
Prosecution Opposed Bail Request
Opposing the plea, the prosecution argued that Khalid was attempting to misuse the court’s leniency and claimed that the reasons cited were not compelling enough for interim bail.
The Special Public Prosecutor argued that Khalid’s uncle did not fall under the category of “close relatives” and that attending the Chehlum ceremony was not necessary.
Regarding his mother’s surgery, the prosecution said other family members, including his sisters and father, could take care of her. The surgery was described as a “minor procedure” requiring local anaesthesia.
Court Said Grounds Were Not Sufficient
While rejecting the plea, the trial court acknowledged that Khalid had earlier been granted interim bail on several occasions and had always complied with the conditions imposed by the courts.
However, the court observed that each bail application has to be considered separately on its own merits.
“Attending the Chehlum ceremony of his uncle is not that necessary,” the court said while rejecting the first ground.
On the issue of his mother’s surgery, the court stated that other family members were available to assist her.
“Accordingly, finding the reasons unreasonable, the Court doesn’t deem it appropriate to grant the desired relief to the applicant,” the order said.
Umar Khalid in Jail Since 2020
Khalid has been in judicial custody since September 2020 under provisions of the Unlawful Activities (Prevention) Act and other charges in the alleged conspiracy case related to the 2020 North-East Delhi riots.
Delhi Police have alleged that several student activists involved in protests against the Citizenship Amendment Act (CAA) conspired to engineer the riots that broke out in February 2020.
Earlier this year, the Supreme Court of India dismissed the bail pleas of Umar Khalid and co-accused Sharjeel Imam, observing that the prosecution had presented prima facie material attracting restrictions on bail under Section 43D(5) of the UAPA.
Khalid’s review petition challenging the denial of bail was also dismissed by the Supreme Court in April this year.
