A Delhi court on Tuesday (May 19) denied interim bail to former JNU student leader Umar Khalid in the larger conspiracy case linked to the 2020 northeast Delhi riots, observing that the grounds cited by him for temporary release were “not reasonable”.
Additional Sessions Judge Sameer Bajpai of the Karkardooma Court passed the order while hearing Khalid’s application seeking interim bail for 15 days.
Bail plea linked to family reasons
Khalid had approached the court under provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 439 of the Criminal Procedure Code (CrPC), requesting temporary release to attend the Chehlum (40th day ritual) of his uncle and to assist his mother, who is scheduled to undergo surgery next month.
According to the plea, Khalid’s uncle, Khursheed Ahmad Khan, passed away on April 10, while the Chehlum ceremony is scheduled to be held in Delhi on May 24.
The application further said that Khalid’s mother had been advised to undergo a lump excision surgery on June 2 at Alshifa Multispeciality Hospital.
The defence argued that Khalid, being the eldest and only son in the family, was needed to support his mother before and after the surgery, especially considering his father’s age and the fact that most of his sisters lived away from home.
His counsel also informed the court that Khalid had earlier been granted interim bail on several occasions and had complied with all conditions imposed by the judiciary.
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Prosecution opposed interim relief
The Delhi Police opposed the plea, arguing that the grounds presented did not justify interim bail. Special Public Prosecutor Anirudh Mishra submitted that Khalid was attempting to misuse the leniency previously shown by the court.
The prosecution contended that attendance at the Chehlum ceremony was not essential and that other family members could perform the required rituals.
Regarding his mother’s surgery, the prosecution argued that Khalid’s sisters and father could take care of her and maintained that the medical procedure appeared to be minor in nature, involving local anaesthesia.
Court says grounds not sufficient
After hearing both sides, the court said each interim bail application must be assessed independently on its own merits. The judge observed that Khalid had not demonstrated sufficient grounds warranting temporary release.
On the request to attend the Chehlum ceremony, the court remarked that if the relationship was so immediate and urgent, Khalid would have sought interim bail immediately after his uncle’s death.
Regarding the medical grounds, the court noted that Khalid himself had said that he has five sisters who could assist their mother, while his father was also available for support.
The court further observed that the surgery appeared to be a relatively simple medical procedure and did not indicate any exceptional circumstances requiring Khalid’s personal presence.
“Accordingly, finding the reasons unreasonable, the Court does not deem it appropriate to grant the desired relief to the applicant,” the order said while dismissing the plea.
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Umar Khalid arrested under UAPA
IN September 2020, Umar Khalid was arrested in connection with the alleged larger conspiracy behind the northeast Delhi riots that erupted in February that year during protests against the Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC).
He has been charged under the Unlawful Activities (Prevention) Act for allegedly delivering provocative speeches during the period when then-US President Donald Trump was visiting India. The violence in northeast Delhi had left 53 people dead and more than 700 injured.
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