The Court rejected Khalid’s 15-day interim bail plea for attending his uncle’s Chehlum ceremony and assisting his mother during surgery, holding that the grounds raised were unreasonable.
Additional Sessions Judge Sameer Bajpai of Karkardooma Courts dismissed Khalid’s plea for 15 days’ interim bail. Khalid had sought temporary release to attend the Chehlum ceremony after his uncle’s death. He also sought bail to assist his mother before and after her surgery scheduled for June 2.
Interim Bail Sought For Chehlum And Mother’s Surgery
Khalid moved the Court seeking interim bail for 15 days.
He raised two grounds. First, he wanted to attend the Chehlum ritual after the death of his uncle. Second, he wanted to assist his mother before and after her medical surgery.
Court Says Earlier Bail Does Not Create Automatic Right
The Court noted that Khalid and other accused persons had received interim bail earlier.
However, the Court said this fact does not create an automatic right to interim bail on every later occasion.
It held that the Court must examine every bail request on its own facts and grounds.
Court Rejects Chehlum Ground
The Court did not accept Khalid’s request to attend the Chehlum ceremony.
It observed that attending the ceremony was not so necessary as to justify interim bail.
The Court also noted that if Khalid had shared an immediate and close relationship with his uncle, he would have sought release at the time of death itself.
The Court said he had approached it after a considerable delay.
Court Notes Other Family Members Can Help Mother
The Court also rejected the ground relating to Khalid’s mother’s surgery.
It noted that Khalid has sisters who can attend to his mother. It also observed that his father can take care of her.
The Court further considered the prosecution’s submission that the surgery was simple and related to removal of lumps.
It found no actual requirement for Khalid’s personal assistance.
Delhi Police Opposed Interim Bail
Delhi Police opposed Khalid’s interim bail plea.
The prosecution argued that his release could affect public order and administration. It also referred to the sensitivity and wider ramifications of the case.
The prosecution submitted that the plea lacked merit. It argued that Khalid had not shown any exceptional, urgent or compelling circumstance for interim bail.
FIR 59/2020 Invokes UAPA And Other Laws
The case arises from FIR 59/2020. The FIR relates to the alleged larger conspiracy behind the 2020 North East Delhi riots.
The FIR includes offences under Sections 13, 16, 17 and 18 of the Unlawful Activities (Prevention) Act.
It also invokes Sections 25 and 27 of the Arms Act, Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984, and other offences under the Indian Penal Code, 1860.
Other Accused In The Case
The charge sheet in FIR 59/2020 names several accused persons.
They include former AAP councillor Tahir Hussain, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik and Athar Khan.
The investigating agency later filed a supplementary charge sheet against Umar Khalid and Sharjeel Imam.
Interim Bail Plea Dismissed
The Court found the grounds raised by Khalid unreasonable.
It therefore declined to grant him interim bail for 15 days.
Accordingly, the Court dismissed the application.
