The Supreme Court on Tuesday admitted an appeal for bail filed by former Jawaharlal Nehru University (JNU) student leader Umar Khalid and agreed to examine after four weeks evidence he may produce in his favour against charges levelled against him under the Unlawful Activities (Prevention) Act in connection with the February 2020 Delhi riots case.
A Bench of Justices Aniruddha Bose and Bela M. Trivedi said the case would have to be heard and decided by going through the documentary evidence.
“We will grant leave now and list the case after four weeks... You have to show us what evidence is available and how it does not match with the charges against you,” Justice Bose addressed senior advocate Kapil Sibal, appearing for Mr. Khalid.
Mr. Sibal said certain provisions of the UAPA, including provisions concerning terrorism, raising funds for terrorist act and conspiracy did not apply in the case.
The case has been adjourned time and again in the past months.
The bail petition has been listed since May this year. On May 18, a Bench of Justices Bopanna and Hima Kohli had issued notice and posted the case after six weeks.
Mr. Sibal had been repeatedly pointing out in court that his client had been in jail for over two years. Mr. Khalid is accused of being part of a “larger conspiracy” behind the Delhi riots.
The Delhi High Court in October last year refused to grant bail to Mr. Khalid, saying he was in constant touch with other co-accused and 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 protests “metamorphosed into violent riots”, which “prima facie seemed to be orchestrated at the conspiratorial meetings”, and the statements of the witnesses indicate Mr. Khalid’s “active involvement” in the protests.
