NRC CAA activist Umar Khalid on Monday filed a review petition challenging the Supreme Court’s January 5 order, denying him bail in the 2020 Delhi riots case.
The review petition was presented before a bench of justice Aravind Kumar by advocate Kapil Sibal, seeking an open court hearing in the matter. As per the Supreme Court’s official website, the matter has been listed on April 16.
“I wanted to make a mention about a review petition…it is listed on Wednesday. My request is…if you could have it in an open Court,” Sibal said.
“We will look into the paper, and if required, we will call it,” said Justice Kumar.
January 5 Order
Noting that Umar Khalid and Sharjeel Imam had a “higher footing in the hierarchy of participation” in the alleged conspiracy behind the 2020 Northeast Delhi riots, which claimed the lives of at least 54 people, mostly belonging to the Muslim community, the court denied bail to them and granted to five other accused, Gulfisha Fatima, Meera Haider, Shifa Ur Rehman, Mohd. Saleem Khan, and Shadab Ahmed, a conditional bail.
“Having regard to the role attributed, the nature of the material relied upon and the present stage of proceedings, continued incarceration is not shown to be indispensable to the conduct of a fair trial provided strict safeguards are imposed,” the court said, granting bails to the accused.
“The grant of bail in their favor does not reflect any dilution of the seriousness of the allegation, nor does it amount to a finding of guilt. It represents a calibrated exercise of constitutional discretion structured to preserve both liberty of the individual and security of the nation,” the court added.
“The constitution guarantees personal liberty, but it does not conceive liberty as an isolated or absolute entitlement detached from the security of the society in which it operates. The sorority’s integrity and the nation’s security, as well as the preservation of public order, are not abstract concerns; rather, they are constitutional values that Parliament is entitled to protect through law. Where a special statutory framework has been enacted to address offenses perceived to strike at these foundations, courts are duty-bound to give effect to the framework, subject always to the constitutional discipline,” the court said.
Umar Khalid, Sharjeel Imam, and others were booked under section 15 of the stringent Unlawful Activities Prevention Act (UAPA).
