A division bench comprising Justice Prathiba M Singh and Justice Dinesh Bhatt adjourned the matter on prosecution's request.

The SPP requested for an accommodation saying that ASG SV Raju, who has to lead the matter, is unwell.

The Court also listed former AAP councillor Tahir Hussain's bail appeal on November 04.

Khalid has challenged the rejection of his third bail plea. Imam has also challenged the rejection of his bail vide the same order.

The appeals have been filed under Section 21 of the National Investigation Agency Act against the trial court's July 4 order refusing bail to Khalid and Imam.

The trial court had added that it had no option but to follow the Supreme Court's judgment denying bail to both of them.

The Court noted that the Supreme Court had said that only on the completion of the examination of the protected witnesses or upon expiry of one year from the date of said order, whichever is earlier, Imam would be at liberty to renew their prayer for grant of bail.

On January 5 the Supreme Court had granted bail to Gulfisha Fatima, Meera Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmed; it had however denied bail to Umar Khalid and Sharjeel Imam.

Thereafter a coordinate division bench led by Justice BV Nagarathana had expressed reservations about the judgment in Gulfisha Fatima v. State saying that it did not properly follow the judgment delivered by a three-judge bench in 2021 in Union of India v. KA Najeeb, which recognised long delay in trial as a ground for bail in cases under UAPA.

In May, the division bench led by Justice Aravind Kumar, which had rejected Khalid and Sharjeel's bail pleas, while observing that there was a "perceived conflict" among different benches regarding the understanding of the 3-judge bench judgment in Union of India v KA Najeeb, referred the issue to a larger bench.

FIR 59 of 2020 is being probed by Delhi Police's Special Cell. The case has been registered under various offences under the Indian Penal Code, 1860 and the Unlawful Activities (Prevention) Act, 1967.

The accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan and Natasha Narwal.

Title: Umar Khalid v. State & other connected matter