A Delhi court on Tuesday rejected the interim bail plea filed by Umar Khalid. The former JNU student leader had requested temporary bail to take care of his sick mother and attend post-death rituals of his uncle.
The order was passed by Additional Sessions Judge Sameer Bajpai at Delhi’s Karkardooma Court.
Umar Khalid Linked to 2020 Delhi Riots Case
Umar Khalid and several others are accused in the alleged larger conspiracy behind the 2020 northeast Delhi riots. The case has been registered under the Unlawful Activities (Prevention) Act (UAPA) along with various sections of the Indian Penal Code.
The 2020 violence broke out during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC). The riots resulted in 53 deaths and left more than 700 people injured.
Supreme Court Raises Questions Over Earlier Bail Judgment
The latest setback for Umar Khalid came just a day after the Supreme Court made important observations regarding bail under the UAPA.
A Supreme Court bench of Justices BV Nagarathna and Ujjal Bhuyan criticised a January 5 judgment that had denied bail to Umar Khalid and activist Sharjeel Imam in the Delhi riots conspiracy case.
The judges said that “bail is the rule and jail is the exception,” even in cases filed under the UAPA.
Supreme Court Highlights Article 21 Rights
The Supreme Court made these remarks while granting bail to Jammu and Kashmir resident Syed Iftikhar Andrabi in a narco-terror case investigated by the National Investigation Agency (NIA).
The court also referred to the 2021 judgment in Union of India vs KA Najeeb, which stated that long jail time and delays in trial can be valid grounds for granting bail, even under strict UAPA rules.
Justice Ujjal Bhuyan said in court that bail is not just a legal slogan but a constitutional principle linked to Article 21 of the Indian Constitution. The bench stressed that every accused person is presumed innocent until proven guilty.
The Supreme Court further stated that bail decisions must depend on the facts and circumstances of each individual case.