Image credits - PTI
Former Jawaharlal Nehru University (JNU) scholar and activist Umar Khalid on Wednesday has chosen to withdraw his bail application from the Supreme Court in a case involving charges under the anti-terror law Unlawful Activities (Prevention) Act (UAPA). The case pertains to Khalid’s alleged role in the conspiracy behind the northeast Delhi riots in February 2020. Khalid’s decision to withdraw the plea came on Wednesday, citing a “change in circumstances,” and signaling his intention to pursue legal arguments challenging UAPA provisions before the trial court.
Khalid’s bail application had been under consideration in the Supreme Court since April 6, 2023. The proceedings had faced 13 adjournments due to various reasons, creating anticipation regarding the outcome of the legal battle. As the matter was taken up on Wednesday, senior advocate Kapil Sibal, representing Khalid, informed the bench of Justices Bela M Trivedi and Pankaj Mithal about the withdrawal, emphasizing the desire to explore legal questions within the trial court setting.
Sibal stated that he wants to discuss the legal aspects of challenging UAPA provisions but prefers to withdraw the bail plea due to unspecified changes in circumstances. The bench accepted this request, allowing the bail application to be withdrawn.
Khalid had previously appealed against the Delhi High Court’s October 18, 2022, order rejecting his bail application. The high court, in its decision, pointed out Khalid’s continuous communication with other co-accused and deemed the allegations against him prima facie true. The court further categorized the actions of the accused as a “terrorist act” under the UAPA.
The case involves Khalid, activist Sharjeel Imam, and several others facing charges under the anti-terror law and various sections of the Indian Penal Code for allegedly being the “masterminds” behind the February 2020 riots. These riots resulted in 53 casualties and over 700 injuries, erupting amid protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).
Khalid, who was arrested by the Delhi Police in September 2020, sought bail on the grounds that he played no criminal role in the violence and had no “conspiratorial connect” with other accused. The Delhi Police countered Khalid’s plea, asserting that his speeches were “very calculated” and touched upon contentious issues such as Babri Masjid, triple talaq, Kashmir, alleged Muslim suppression, the CAA, and NRC.
The withdrawal of the bail plea by Umar Khalid hence sets the stage for a legal battle in the trial court, where the activist aims to challenge the constitutional validity of UAPA provisions, presenting a crucial juncture in a case that has garnered significant attention for its implications on free speech and dissent.
