New Delhi, May 22 (ANS) Jailed student activist Umar Khalid has moved the Delhi High Court, challenging a trial court order denying him interim bail in connection with the larger conspiracy case linked to the 2020 Delhi riots.
Khalid on Thursday sought interim bail on humanitarian grounds to attend the Chehlum ceremony of his late uncle and to take care of his ailing mother, who is scheduled to undergo surgery next month.
As per the causelist published on the official website of the Delhi High Court, a bench of Justices Prathiba M. Singh and Madhu Jain is scheduled to hear the matter on Friday.
Earlier, a Delhi court had dismissed Khalid's interim bail plea seeking temporary release for 15 days.
Additional Sessions Judge Sameer Bajpai of the Karkardooma Court had rejected the application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), read with Section 439 of the CrPC.
According to the plea filed before the trial court, Khalid's uncle, Khursheed Ahmad Khan, passed away on April 10, and the 40th-day ritual (Chehlum) is scheduled to be held in Delhi on May 24.
Khalid had also submitted that his mother has been unwell and has been advised surgery for lump excision on June 2 at a private hospital.
The plea said that although Khalid's family consisted of his parents and five sisters, his 71-year-old father was not in a position to take care of his mother, while his sisters lived away from the parental home after marriage.
It was said that, being the eldest and the only son in the family, Khalid was required to assist his mother before and after the surgery.
Opposing the plea before the trial court, the prosecution had contended that the accused was attempting to misuse the court's leniency and that the grounds raised were not compelling.
The Special Public Prosecutor had submitted that Khalid's uncle did not fall within the category of "close relations" and that attendance at the Chehlum ceremony was not necessary.
Regarding Khalid's mother's surgery, the prosecution had said that his sisters and father could take care of her and described the procedure as a "minor surgery" requiring only local anaesthesia.
After hearing both sides, the trial court had said that although Khalid had previously been granted interim bail on multiple occasions and had complied with all conditions, each application must be assessed independently on its merits.
Rejecting the first ground, the court had said: "Attending the Chehlum ceremony of his uncle is not that necessary."
On the second ground relating to his mother's surgery, the court had added that Khalid has multiple family members who can support his mother.
"Accordingly, finding the reasons unreasonable, the Court doesn't deem it appropriate to grant the desired relief to the applicant. The application is dismissed," the court order had said.
Khalid had earlier been granted interim bail on several occasions, including for short durations in 2022, 2024 and 2025, and had surrendered on time each time.
In December last year, a Delhi court had allowed him interim bail for 14 days to attend his sister's wedding, subject to strict conditions, including restrictions on movement and social media use.
Khalid, who has been in custody since September 2020 under provisions of the Unlawful Activities (Prevention) Act (UAPA) and other offences, faces allegations in the alleged "larger conspiracy" case linked to the 2020 Delhi riots.
According to the Delhi Police, several student activists involved in organising protests against the Citizenship Amendment Act (CAA) during 2019-2020 had conspired to engineer the riots that erupted in North-East Delhi in February 2020.
Earlier this year, the Supreme Court dismissed the bail pleas of Umar Khalid and co-accused Sharjeel Imam in the case, saying that the prosecution material disclosed prima facie grounds attracting the statutory embargo on bail under Section 43D(5) of the UAPA.
Umar Khalid's review petition challenging the denial of bail was also dismissed by the top court in April this year.
Source: IANS
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