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Bail Application
2024-05-29
Subject: Criminal Law - Riots and Protests
Delhi Court Rejects Umar Khalid's Bail Application in Riots Case
Delhi's Karkardooma court on Tuesday rejected the bail application of former JNU student leader Umar Khalid in the larger conspiracy case linked to the 2020 Delhi riots.
Umar Khalid has been in jail since September 2020 in a UAPA case. The Delhi police have accused him of planning protests in 2020 at 23 places, which allegedly led to the riots.
Khalid had sought regular bail in the case on the grounds of delay and parity with other accused. However, the Delhi police's special public prosecutor opposed the bail plea, calling it "frivolous and baseless".
Khalid's counsel argued that no terror allegations were leveled against him in the Delhi police's charge sheet and that his name was merely repeated in the document. They also claimed that Khalid was subjected to a vicious media trial.
The Special Public Prosecutor, on the other hand, alleged that Khalid was amplifying his narrative as part of a conspiracy by sharing certain links on social media. They also submitted that several people took to Twitter to influence Khalid's bail hearing.
The court ultimately rejected Khalid's bail application, stating that the grounds for bail were not met. Khalid remains in custody as he awaits his trial under the UAPA for his alleged involvement in the larger conspiracy surrounding the 2020 Delhi riots.
Bail application rejection - Larger conspiracy case - Alleged protest planning - Vicious media trial claims - Amplifying narrative allegations - Awaiting UAPA trial
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(1) Right to personal liberty enshrined under Article 21 is of seminal importance, and prolonged pre-trial incarceration is a matter of serious constitutional concern – At the same time, where Parlia....
The court held that the allegations against the Appellant are “prima facie true” and hence, the embargo created by Section 43D(5) of UAPA applies squarely with regard to the consideration of grant of....
The court reaffirms that the prima facie evaluation for bail under UAPA requires the prosecution to substantiate accusations beyond mere allegations, linking the accused to acts of terrorism and cons....
Bail under Section 43D(5) of the UAPA cannot be granted solely due to trial delay; it requires examination of prima facie case merits.
The main legal point established is that the rigours of statutory restrictions under the UA(P) Act can be diluted if the accused has been incarcerated for a long time, and that pre-trial detention mu....
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