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Umar Khalid gets three-day interim bail from Delhi HC for mother’s surgery

The Delhi High Court on Friday granted interim bail for three days to activist Umar Khalid in the 2020 Delhi riots conspiracy case, Live Law reported.
A division bench of Justices Prathiba Singh and Madhu Jain ordered Khalid to be released from June 1 to June 3.
The former Jawaharlal Nehru University student had sought interim bail for 15 days to attend the Chehlum ritual marking 40 days since his uncle’s death, and to take care of his mother, who is scheduled to undergo surgery on June 2. A Delhi court had on Tuesday rejected his plea, after which he approached the High Court.
Khalid’s lawyer Trideep Pais on Friday told the High Court that the activist had been granted interim bail in December as well so that he could attend his sister’s wedding, Live Law reported. Khalid had also been given interim bail for short durations in 2022 and 2024.
Additional Solicitor General SV Raju, representing the Delhi Police, contended that the activist’s mother only needs to undergo a minor surgery, and that Khalid’s sisters can look after her. He also told the High Court that Khalid could visit her and return in a day, accompanied by a police escort.
However, the High Court said that it would grant him interim bail, taking an “empathetic view” of the matter, so that he could spend time with his mother, Live Law reported.
The bench directed that Khalid must only have one mobile phone and must keep in continuous touch with the investigating officer.
On Tuesday, Additional Sessions Judge Sameer Bajpai of the Karkardooma Courts said that merely because Khalid had been granted interim bail earlier and had not violated bail conditions, it did not mean that bail should be granted every time it was sought.
The judge questioned why the activist had not sought bail immediately after his uncle’s death, and only applied later for the Chehlum ritual, Live Law reported.
On January 5, the Supreme Court denied bail to Khalid and former Jawaharlal Nehru University student Sharjeel Imam in the case. A bench of Justices Aravind Kumar and NV Anjaria had, however, granted bail to Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Shadab Ahmed and Muhammad Saleem Khan.
On Monday, a Supreme Court bench of Justices BV Nagarathna and Ujjal Bhuyan criticised the January order denying bail to them, saying that “bail is the rule and jail is an exception” even in prosecutions under the Unlawful Activities Prevention Act.
Communal violence broke out in North East Delhi in February 2020 between supporters of the contentious Citizenship Amendment Act and those opposing it. The riots had left 53 dead and hundreds injured. Most of those killed were Muslims.
The police have claimed that the violence was part of a larger conspiracy to defame the Narendra Modi government and was planned by those who organised the protests against the amended Citizenship Act.
Khalid is facing charges under the Unlawful Activities Prevention Act, the Prevention of Damage to Public Property Act, the Arms Act and sections of the Indian Penal Code. He was arrested on September 13, 2020, and has spent over five years in jail.
Edited by Leah Thomas.
Source: Scroll
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