The Delhi High Court will hear the bail pleas of former JNU scholar Umar Khalid and activist Sharjeel Imam on September 30 in the larger conspiracy case related to the 2020 North East Delhi riots.
A division bench of Justice Prathiba M Singh and Justice Dinesh Bhatt adjourned the matter on Monday after the prosecution sought an accommodation.
The Special Public Prosecutor requested the adjournment, saying Additional Solicitor General SV Raju, who is scheduled to argue the case, was unwell.
Khalid, Imam Challenge Bail Rejection
Khalid has challenged the rejection of his third bail plea, while Imam has also challenged the rejection of his bail application in the same order.
The appeals have been filed under Section 21 of the National Investigation Agency Act against a trial court order dated July 4 that rejected their bail pleas.
The trial court had said it was bound by the Supreme Court’s earlier judgment denying bail to both Khalid and Imam.
The Supreme Court had observed that Imam could renew his bail plea after the examination of protected witnesses was completed or after one year from the date of its order, whichever was earlier.
Supreme Court Had Granted Bail to Five Accused
On January 5, the Supreme Court granted bail to Gulfisha Fatima, Meera Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmed in the case. However, it denied bail to Khalid and Imam.
A separate division bench of the Supreme Court, led by Justice BV Nagarathana, later expressed reservations about the judgment in the case involving Gulfisha Fatima and others.
The bench observed that the judgment had not adequately considered the Supreme Court’s 2021 ruling in Union of India v. KA Najeeb, which recognised prolonged delay in trial as a factor that could be considered while deciding bail pleas in UAPA cases.
UAPA Bail Issue Referred to Larger Bench
In May, a division bench led by Justice Aravind Kumar, which had rejected the bail pleas of Khalid and Imam, noted a “perceived conflict” between different judgments concerning the interpretation of the KA Najeeb ruling.
The issue was subsequently referred to a larger bench for consideration.
The case stems from FIR 59 of 2020, which is being investigated by the Delhi Police Special Cell. The FIR includes provisions of the Indian Penal Code and the Unlawful Activities (Prevention) Act.
The case relates to allegations of a larger conspiracy behind the 2020 North East Delhi riots.
The Delhi High Court has also listed former AAP councillor Tahir Hussain’s bail appeal for hearing on November 4.
