The Delhi High Court on Wednesday, July 24, issued a notice to the Delhi Police regarding Umar Khalid’s bail plea in the Unlawful Activities (Prevention) Act (UAPA) case, seeking a response. A division bench of Justice Suresh Kumar Kait and Justice Girish Kathpalia requested a response from the Delhi Police and scheduled the hearing for August 29.
The Delhi Police’s special cell is investigating the case and alleges that Khalid had pre-planned protests at 23 locations in 2020, which led to the riots in the national capital’s northeast district. Earlier in May, his second bail plea was rejected by the trial court, which noted that the previous denial of bail had become final.
On May 28, the court stated that there was no delay by the Delhi Police in framing charges and starting the trial. The court pointed out that the accused had filed separate applications requesting the prosecution confirm if the investigation was complete before framing charges. While rejecting the bail plea, the trial court referred to the order of the Delhi High Court, which said that allegations against the accused are prima facie true and he does not deserve bail. According to the court, as the delay was caused by the accused, they cannot benefit from it.
The order on Umar Khalid’s bail application had been reserved by the court on May 13. Umar Khalid has been in custody since September 2020. This investigation is still going on after the filing of charge sheets and supplementary charge sheets.
In his order, Special Judge Sameer Bajpai said, “The Hon’ble High Court analysed the case against the applicant and finally concluded that allegations against the applicant are prima-facie true and that the embargo created by Section 43D(5) of UAPA squarely applies against the applicant and the applicant does not deserve bail.” “It is clear that the Hon’ble High Court has minutely considered the role of the applicant and declined the relief as desired by him,” the Special Judge observed in the order passed on May 28.
The trial court has dismissed his two bail applications. He was arrested in September 2020. Since then, he has been in custody. He had sought a regular bail under Section 437 of the Code of Criminal Procedure, 1973, read with Section 43D (5) of the Unlawful Activities Prevention Act, 1967 for the grant of regular bail.
