Supreme Court To Hear Umar Khalid’s Bail Plea Tomorrow, Senior Advocate Kapil Sibal Seeks Adjournment Citing Constitution Bench Hearing
The Supreme Court is to hear former JNU student Umar Khalid's plea challenging the order passed by the Delhi High Court denying him bail tomorrow.
Today, when the bench of Justice Bela M. Trivedi and Justice Prasanna Bhalachandra Varale was about to rise after concluding the final hearing in a case, it announced that the rest of the cases will be taken up tomorrow. Senior Advocate Kapil Sibal for Umar Khalid then said that he would be engaged before the Constitution Bench (AMU Case).
It is to be noted that earlier this month, when the matter was listed, Sibal had appeared to seek more time in the matter and to apprise the Court that he is engaged in a constitution bench matter. To which the bench then had rejected the request outright. Subsequent to which, the bench reluctantly adjourned the matter.
Today when the Bench said that the rest of the final hearing matters on the board will be taken up tomorrow, Kapil Sibal came forward to say, “Constitution Bench is not over yet…”.
“Take a call. We will see”, Justice Trivedi said in response.
“Because Constitution Bench tomorrow is on till 4 o'clock”, Sibal added further.
However, objecting to the same Advocate Rajat Nair appearing for Centre said, “We are ready. There are some 6-7 matters…other counsels also are, it is a matter of constitutional validity. So we are ready”.
“He can argue, as far as I am concerned…”, Sibal retorted.
“…They are petitioners no? They will have to start”, said Justice Trivedi referring to the unavailability of Kapil Sibal.
“Others will argue. My matter whether it is the bail or other can be taken on another day, that’s all”, requested Sibal.
The Delhi High Court had on October 18, 2022, dismissed the bail application filed by Umar Khalid. The High Court noted that the acts of the accused prima facie qualified as terrorist acts under the anti-terror law UAPA. The Delhi High Court Bench of Justice Siddharth Mridul and Justice Rajnish Bhatnagar said that the anti-CAA protests metamorphosed into violent riots, which prima facie seemed to be orchestrated at the conspiratorial meetings, and the statements of the witnesses indicate Khalid's active involvement in the protests.
In its 52-page order, the Court observed that the planned protests were not the kind that is normal in political culture or democracy (but were) far more destructive and injurious and geared towards extremely grave consequences and the acts of the accused prima facie qualified as a terrorist act under UAPA.
Khalid, Sharjeel Imam, and several others have been booked under the anti-terror law Unlawful Activities (Prevention) Act (UAPA) and provisions of the Indian Penal Code for allegedly being the "masterminds" of the February 2020 riots, which left 53 people dead and over 700 injured.
Cause Title: Umar Khalid v State Of NCT Of Delhi