Umar Khalid Challenges Bail Denial Before Supreme Court, Seeks Open Court Hearing

In Umar Khalid’s case arising from the Delhi riots larger conspiracy matter, a review petition has now been filed before the Supreme Court against the January 5 order that denied him bail. The petition is scheduled to be taken up on Wednesday, and a request has also been made for the matter to be heard in open court.

Senior Advocate Kapil Sibal mentioned the matter before the Court on behalf of Khalid and urged that the review petition should be considered in an open hearing. During the mention, Sibal said, “I wanted to make a mention, mylords are hearing the review petition in Umar Khalid’s case. It is listed on Wednesday, I believe. My request is, it is only for your consideration if you could have it in an open Court.”

Responding to the request, Justice Aravind Kumar said, “We will look into the paper, and if required, we will call it.” The short exchange indicates that the Court will first examine the papers before deciding whether the review petition requires an open court hearing.

The review plea seeks reconsideration of the Supreme Court’s earlier order passed on January 5. In that order, a bench of Justice Aravind Kumar and Justice NV Anjaria had refused bail to Umar Khalid and co-accused Sharjeel Imam in the Delhi riots conspiracy case registered under the Unlawful Activities (Prevention) Act, 1967.

While denying bail at that stage, the Court had observed that the prosecution material disclosed a prima facie case. The bench had noted what it described as “a central and formative role” and involvement in planning, mobilisation and strategic direction that went beyond isolated or local acts.

At the same time, the Court had granted bail to some other accused persons in the same case, including Gulfisha Fatima, Meera Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmed. That distinction became one of the notable features of the January 5 judgement.

The earlier order had also placed a restriction on Khalid and Imam from renewing their bail pleas immediately. They were directed to wait until the examination of protected witnesses was completed or until one year had passed from January 5, whichever came earlier.

The fresh review petition now marks the next legal step for Khalid before the Supreme Court. Since the matter is already listed for Wednesday, attention will now be on whether the Court agrees to hear it in open court and whether any reconsideration of the previous bail denial follows.