Umar Khalid's Release On Interim Bail May Have Implications On Public Order: Delhi Police Tells Court In Delhi Riots Case

The Delhi Police has opposed before a Delhi Court interim bail plea filed by Umar Khalid in relation to the UAPA case alleging larger conspiracy in commission of 2020 North East Delhi riots.

Khalid has sought release on interim bail for 15 days commencing from May 22 to June 05, for attending the Chehlum ritual after death of his late uncle and to attend to his mother's pre and post medical surgery which is scheduled on June 02.

In its reply, the Delhi Police has said that release of Khalid may have implications on public order and administration considering the sensitivity and wider ramifications of the case.

It has been argued that the interim bail plea is wholly misconceived, devoid of merits and liable to be dismissed at the threshold as no exceptional, urgent or compelling circumstance exists warranting grant of interim bail to Khalid.

The Police has said that the Chehlum ritual pertains to the husband of Khalid's maternal aunt and not to an immediate family member residing with him.

It has been argued that Khalid has failed to disclose any indispensable religious obligation or mandatory customary ritual requiring his personal participation.

The response adds that family arrangements are already being managed by the father of Khalid and other relatives.

It has been argued that his mother's medical documents do not disclose any emergency or critical medical condition requiring the continuous presence of Khalid and that his mother's surgery will be conducted under local anaesthesia.

“The allegations against the accused are grave and serious in nature and relate to a larger conspiracy case affccting societal harmony and public order. Therefore, the discretionary jurisdiction of interim bail deserves to be exercised with utmost caution and strict scrutiny,” the police has said. 

FIR 59/2020 registered against Khalid contains stringent charges including Sections 13, 16, 17, 18 of the UAPA, Sections 25 and 27 of the Arms Act and Sections 3 and 4 of the Prevention of Damage to Public Property Act,1984 and other offences under Indian Penal Code, 1860.

Others who were charge-sheeted in FIR 59/2020 include Former AAP Councillor Tahir Hussain, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik and Athar Khan.

A supplementary charge-sheet was thereafter filed in the case against Umar Khalid and Sharjeel Imam.

Case Title: State v. Ishrat Jahan