NEW DELHI: Student activist Umar Khalid on Thursday has moved Delhi High Court for the third time, seeking bail in a case related to alleged criminal conspiracy behind the 2020 riots in the national capital.
He has been booked under the Unlawful Activities (Prevention) Act (UAPA) Khalid filed the appeal against a trial court order denying him bail on July 4. The appeal is likely to be taken up for hearing on Friday.
Khalid has also filed an application seeking interim bail till the time the Supreme Court decides the question on whether prolonged incarceration and trial delays can override bail restrictions in statutes like the UAPA. The issue has been referred to a larger bench after conflicting opinions from two benches.
In his appeal before the high court, Khalid has claimed that the trial court ‘erred’ while denying him relief. The trial court had dismissed his fresh bail application, saying that the Supreme Court had already dismissed their pleas moved on similar grounds.
Khalid had moved the fresh application before the trial court after an apex court bench on May 18 expressed reservations about the previous bench’s judgment denying them bail on January 5.
Denying him relief, the trial said the court had “no option but to follow” the Supreme Court’s January 5 order and, therefore, “could neither entertain the pleas nor grant them the relief.”
The judge added that the bail pleas were not even maintainable in the trial court.
The court further said it cannot even examine whether there is any change in circumstances, as it is bound by the Supreme Court’s January 5 order dismissing the bail pleas of both applicants. The Supreme Court on January 5 refused them bail in the case.
Later on May 18, another bench of the apex court had opined that bail should be the rule and jail the exception, even in UAPA cases, and had expressed reservations about the January 5 judgment denying bail to Khalid and Imam in the said case.
The accused’s fresh applications had referred to the apex court’s remarks in May, claiming that even as their earlier application was rejected by the apex court, “subsequent judicial developments constitute a change in circumstances”.
Also in court
Rs 16 lakh to kin of kid who drowned in pit
The Delhi High Court has awarded over `16 lakh as compensation to the kin of a 10-year-old boy who died after drowning in a sewage pit in September 2014. Justice Mini Pushkarna directed the Delhi government and the Delhi Jal Board to pay Rs 16.92 lakh, along with interest of 9 per cent per annum, to the mother.
Individual’s liberty precious right: Court
A Delhi court has held that liberty of an individual is a precious right under the Constitution. The court made the observation while refusing to cancel the bail of an accused in a cryptocurrency fraud case. Special Judge M P Singh dismissed the CBI plea to cancel the bail granted to accused Ayush Varshney.
Examine feasibility of storm water drain: HC
The High Court has asked authorities to examine the feasibility of constructing a storm water drain along the stretch of NH-48 between Mahipalpur and Rangpuri village to prevent waterlogging. Noting that the NH leads to Gurugram and is close to IGI Airport, the HC asked the STF to hold a specific meeting on the issue.
