New Delhi: Student activist Umar Khalid has moved the Supreme Court seeking a review of its earlier order which denied him bail in the 2020 Delhi riots conspiracy case. He has also urged the court to hear the review petition in an open court instead of in chambers.
Senior advocate Kapil Sibal, appearing for Khalid, placed the request before a bench of Justices Aravind Kumar and N V Anjaria. He informed the bench that a formal application for an open court hearing has already been filed. The court responded that it will examine the papers and decide if an open hearing is required.
As per court procedure, review petitions are usually decided in chambers by the same judges who delivered the original judgment. An open hearing is allowed if the court finds grounds of error or injustice.
On January 5, the court denied bail to Khalid and co-accused Sharjeel Imam. It granted bail to five other accused, stating each case must be assessed individually. The court said Khalid and Imam had a distinct level of involvement based on the prosecution’s material.
The bench noted a prima facie case under the Unlawful Activities Prevention Act. It referred to alleged roles in planning, mobilisation, and strategic direction of the violence. The court also rejected the argument that delay in trial justified bail.
The February 2020 violence in northeast Delhi led to 53 deaths and over 700 injuries during protests against the Citizenship Amendment Act and the National Register of Citizens.
Khalid and Imam remain in custody since 2020. The court had allowed them to file fresh bail pleas after key witness examination or after one year.
