The Supreme Court on Wednesday agreed to hear on January 24 a petition by former Jawaharlal Nehru University (JNU) student leader Umar Khalid, seeking bail in a case registered under the Unlawful Activities Prevention Act (UAPA), and linked to a February 2020 Delhi riots case.
A Bench headed by Justice Bela M. Trivedi would also hear other petitions challenging the provisions of the UAPA. Mr. Khalid has also filed a separate petition questioning the legality of certain sections of the UAPA, especially that which deals with bail.
Justice Trivedi was initially unwilling to accede to requests made by both senior advocate Kapil Sibal, representing Mr. Khalid, and on behalf of Additional Solicitor General S.V. Raju, for an adjournment.
Mr. Sibal said he was appearing before a Constitution Bench.
Justice Trivedi pointed out that the hearing of and decision in the case should not be delayed any further. It was a matter concerning liberty.
Mr. Khalid has been an undertrial in jail for over three years. The trial court has not framed charges in the case yet. The accused in the case were students and Ph.D. scholars.
Mr. Raju had countered that the accused was very the reason why the framing of charges was delayed all these years. The accusations were serious.
Mr. Khalid is accused of being part of a “larger conspiracy” behind communal violence.
The Delhi High Court had refused to grant bail to Mr. Khalid, saying he was in constant touch with other co-accused, and the allegations against him were prima facie true.
The High Court had said the acts of the accused prima facie qualified as “terrorist act” under the UAPA. The High Court had said the anti-Citizenship Amendment Act (CAA) protests “metamorphosed into violent riots”, which “prima facie seemed to be orchestrated at the conspiratorial meetings”, and the statements of the witnesses indicated Mr. Khalid’s “active involvement” in the protests.
