2020 Delhi riots: Court dismisses Umar Khalid's plea seeking 15-day interim bail to care for his ailing mother

A Delhi court on Tuesday rejected the interim bail plea of Umar Khalid, who is currently in jail in connection with the 2020 northeast Delhi riots case, according to PTI.

Additional Sessions Judge Sameer Bajpai was hearing Khalid’s request for 15 days of interim bail to attend the 40-day post-death ritual (Chehlum) of his uncle and to care for his ailing mother.

According to the plea, Khalid's uncle, Khursheed Ahmad Khan, died on April 10, and his Chehlum ceremony is scheduled to be held in Delhi on May 24. The application also stated that Khalid's mother has been advised to undergo a lump excision surgery on June 2 following a medical evaluation at Alshifa Multispeciality Hospital, reported ANI.

What did the court say on Umar Khalid's plea?

The court observed that Umar Khalid and the other accused had previously been granted interim bail without violating any conditions did not mean such relief should be granted every time it is sought, reported LiveLaw.

On Khalid’s request to attend his uncle’s Chehlum ceremony, the judge said the occasion was not compelling enough to warrant interim bail, noting that if the relationship had been so close, he would have sought release at the time of his uncle’s death rather than several weeks later. Regarding his mother’s surgery, the court said she could be cared for by Khalid’s sisters and father, the report noted.

”Further, as said by the prosecution, the surgery is very simple i.e. just for removal of lumps and there seems to be no actual requirement or help from the side of the applicant. Accordingly, finding the reasons unreasonable, the Court doesn't deem it appropriate to grant the desired relief t o the applicant,” the Court remarked.

The Delhi Police objected to Umar Khalid's interim bail plea, stating that his release could have implications for public order and the administration of justice given the sensitive nature and wider ramifications of the case.

Police said the application was misconceived and lacked merit, and should be dismissed at the outset as there were no exceptional, urgent or compelling circumstances warranting interim bail.

Delhi riots 2020 case

Umar Khalid was named in FIR 59/2020, which contains charges under Sections 13, 16, 17 and 18 of the Unlawful Activities (Prevention) Act, Sections 25 and 27 of the Arms Act, and Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984, along with several provisions of the Indian Penal Code (IPC).

Others named in the charge sheet include former AAP councillor Tahir Hussain, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, as well as Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik and Athar Khan.

Investigators later filed a supplementary charge sheet against Khalid and Sharjeel Imam.

Khalid and several others were charged under the Unlawful Activities (Prevention) Act and provisions of the Indian Penal Code for allegedly acting as the “masterminds” behind the 2020 riots in northeast Delhi, which claimed 53 lives and left more than 700 people injured.

The violence broke out amid large-scale protests against the Citizenship (Amendment) Act protests and the proposed National Register of Citizens (NRC).