The Supreme Court on Wednesday adjourned the hearing in the bail plea filed by Umar Khalid in connection with the Delhi Riots conspiracy case [Umar Khalid v. State of NCT of Delhi].A Bench of Justices Bela M Trivedi and Pankaj Mithal listed the matter for January 31 as the bench was slated to change after lunch to hear part-heard matters.The matter came up again on September 5, 2023, before Justices Bela Trivedi and Dipankar Datta. It was adjourned by a week due to the unavailability of Sibal (Khalid's counsel).The Court granted a 'final' chance to argue the case on September 12, 2023. However, when the case came up before Justices Aniruddha Bose and Bela Trivedi, they expressed their intention to review the bail application based on documentary evidence.After being listed for hearing on October 11, 2023, the matter came up before a bench of Justice Trivedi and Datta, which said that it could not hear the matter due to paucity of time. It was then listed for November 1, 2023.Meanwhile, on October 10, 2023, another plea filed by Khalid challenging the constitutionality of several provisions of the Unlawful Activities (Prevention) Act (UAPA) came up before Justices Bose and Trivedi. It was tagged with Khalid's bail plea.When this matter came up for hearing on October 31, Khalid's plea was tagged with other petitions related to violence in Tripura. The lawyers representing other petitioners had sought to de-couple Khalid’s plea from the rest. However, the Court decided to hear all the petitions together.Khalid's bail plea then came up before a bench of Justices Bela Trivedi and Satish Chandra Sharma on November 29, 2023. It was adjourned to January 10 on a joint request by Sibal and Delhi Police. On January 10, it was adjourned to be heard today.The next hearing is now slated to be on January 31, 2024."We are prepared. Unfortunately, this bench is rising after lunch. It is a bail application," Senior Advocate CU Singh submitted today when the matter was taken up."List on 31st. High on board," the Court ordered in response.
This is the eleventh time that the hearing in the matter has been adjourned.Notably, on January 10, the Court had granted a 'final' adjournment in the matter since both parties requested for the same. At the time, the Court was unwilling to adjourn the matter and was about to list it for January 17 when Senior Advocate Kapil Sibal, representing Khalid, told the Court that he would be engaged before a Constitution Bench in another case.Justice Mithal responded by pointing out that an impression should not be created that the Court was unwilling to hear the matter when the adjournment was actually being sought by the lawyers.
The matter was then listed for hearing on January 24 (today), and has now been adjourned again till January 31.Before this, in November 2023 the Court had adjourned the hearing in the bail plea due to the non-availability of counsel on both sides. Khalid has moved the top court challenging an October 2022 Delhi High Court judgment denying bail to him in connection with the Delhi Riots larger conspiracy case.
The former student leader and activist was arrested by the Delhi Police in September 2020 and charged with criminal conspiracy, rioting, unlawful assembly as well as several other offences under the Unlawful Activities (Prevention) Act (UAPA).He has remained in jail since then.A Karkardooma court denied bail to Khalid in March 2022. He then approached the High Court, which also denied him relief, prompting him to file an appeal before the top court.In May 2023, the Supreme Court sought the response of the Delhi Police in the matter.
In July 2023, the Bench hearing the matter stated that the hearing would be wrapped up within two minutes. However, in August, Justice Prashant Kumar Mishra recused from hearing the plea.On August 18 that year, the matter was adjourned, so that it could be listed on a non-miscellaneous day (Tuesdays, Wednesday or Thursdays) when lengthy hearings take place.
TAGS: Supreme Court Umar Khalid bail plea Delhi Riots conspiracy case State of NCT of Delhi Bela M Trivedi
