New Delhi: On Wednesday, July 24, the Delhi High Court issued a notice to the Delhi Police concerning Umar Khalid’s bail plea in the Unlawful Activities (Prevention) Act (UAPA) case, requesting a response.
A division bench consisting of Justice Suresh Kumar Kait and Justice Girish Kathpalia has asked the Delhi Police to respond and has scheduled the hearing for August 29. The Delhi Police’s special cell, which is investigating the case, alleges that Khalid had pre-planned protests at 23 locations in 2020, leading to riots in the northeast district of the national capital.
Earlier in May, Khalid’s 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 also pointed out that the accused had filed separate applications requesting the prosecution confirm if the investigation was complete before framing charges. In rejecting the bail plea, the trial court referred to the Delhi High Court’s order, which stated that allegations against the accused are prima facie true and that he does not deserve bail.
The court ruled that since the delay was caused by the accused, he cannot benefit from it. The decision on Khalid’s bail application had been reserved by the court on May 13.
Umar Khalid has been in custody since September 2020. The investigation continues even after the filing of charge sheets and supplementary charge sheets.
Special Judge Sameer Bajpai, in his order, said, “The Hon’ble High Court analysed the case against the applicant and concluded that allegations against the applicant are prima facie true, and the embargo created by Section 43D(5) of UAPA squarely applies, meaning 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,” Special Judge Bajpai observed in the order passed on May 28.
The trial court has dismissed both of Khalid’s bail applications. He was arrested in September 2020 and has been in custody since then. He sought regular bail under Section 437 of the Code of Criminal Procedure, 1973, read with Section 43D (5) of the Unlawful Activities Prevention Act, 1967.
