Grounds not reasonable: Delhi court rejects Umar Khalids bail plea to care for ailing mother day after SC critique
The decision came a day after the Supreme Court expressed “serious reservations” about its earlier order denying bail to Umar Khalid and Sharjeel Imam.
PTC News Desk: A Delhi court on Tuesday rejected the interim bail plea of jailed activist and former JNU student leader Umar Khalid in the larger conspiracy case linked to the 2020 Delhi riots.
The Karkardooma court dismissed the plea, saying that the reasons given by Khalid for temporary release were not “reasonable.” Additional Sessions Judge Sameer Bajpai was hearing Khalid’s request for 15 days of interim bail so he could attend the Chehlum ceremony — a 40-day ritual after a death — of his uncle and help care for his mother, who is scheduled to undergo surgery.
“Attending the Chehlum ceremony of his uncle is not necessary. Things would have been different if the ceremony were for a person who was in immediate relation to the applicant. Further, if the relation was so immediate… the applicant would have asked for the release at the time of the death of his uncle only, and not now, after such a long time. Therefore, the Court doesn’t find this reason to be just," the court said.
The decision came a day after the Supreme Court expressed “serious reservations” about its earlier order denying bail to Umar Khalid and Sharjeel Imam. The apex court observed that the earlier ruling did not properly follow a larger bench judgment, which it described as the “law of the land.”
The Supreme Court noted that, according to that precedent, bail should be considered in cases involving long periods of imprisonment and delays in trial, even in cases under laws like the UAPA and PMLA.
During the hearing, Khalid’s lawyer, Sahil Ghai, argued that Khalid’s 71-year-old father was unable to take care of his sick wife, despite the family having five daughters. The lawyer also informed the court that Khalid’s mother had been advised surgery to remove a lump after medical tests.
While rejecting the plea, the judge said that just because Khalid and other accused persons had earlier been granted interim bail without violating any conditions did not mean they should automatically receive similar relief every time.
The court further noted that Khalid’s sisters and father could take care of his mother, adding that the surgery appeared to be “very simple" and did not require his presence.
The order further noted,"…the father of the applicant is also there to take care of the mother of the applicant. Further, as said by the prosecution, the surgery is very simple, i.e., just for the removal of lumps, and there seems to be no actual requirement or help from the side of the applicant."