The Supreme Court bench decided to adjourn the hearing following requests for adjournment from senior advocate Kapil Sibal, representing Khalid, and Additional Solicitor General SV Raju, representing the Delhi police.
The matter was deferred by a bench of Justices Bela M Trivedi and Dipankar Datta as senior advocate Kapil Sibal, appearing for Khalid, was not available.
The petioner challenged the Delhi High Court's order on October 18, 2022 in which the bail plea was rejected in the matter.
Khalid has moved an application before Additional Sessions Judge Amitabh Rawat seeking interim bail for two weeks for his sister's marriage.
Delhi 2020 riots case: Umar Khalid had been arrested by Delhi Police in September 2020 under the anti-terror law Unlawful Activities (Prevention) Act (UAPA) and provisions of the Indian Penal Code for allegedly being the "masterminds" of the February 2020 riots.
Hearing pleas, a division bench of Justices Siddharth Mridul, Rajnish Bhatnagar noted that a matter challenging constitutional validity of offence of Sedition under Section 124A of IPC is pending for hearing before SC on May 5.
Additional Sessions Judge Amitabh Rawat had reserved the order on Mar 3 after hearing arguments from the counsel appearing for Khalid and the prosecution.
The investigation in the case revealed that firearms, petrol bombs, acid attacks, sticks, iron rods, stone-pelting through pre-fabricated large-sized slingshots were used to attack and kill police personnel, government employees, and public persons.
The hearing was adjourned to next month as Additional Sessions Judge Amitabh Rawat is on leave. This was informed to Khalid's counsels by the court staff through video conference.
In reply to Khalid's bail plea, Additional Deputy Commissioner of Police (DCP) Alok Kumar said the prosecution would demonstrate the prima facie case against him before the court by referring to the charge sheet filed in the case.
Former JNU student Umar Khalid has tested positive for Covid-19. Khalid is currently lodged at Delhi's high-security Tihar Jail.
Though Khalid has been granted bail in this case, he will remain in jail as he is also accused in some other cases including one related to the criminal conspiracy lodged under the stringent Unlawful Activities (Prevention) Act.
Communal violence had broken out in northeast Delhi on February 24 last year after clashes between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.
The students claimed that 14 of the protestors, including Umar Khalid''s mother and sisters, were detained, but the police denied it.
A group of protesters organised a candle light march in Jamia Nagar on Tuesday evening to mark the first anniversary of the violence in Jamia Millia Islamia over protests against the Citizenship Amendment Act (CAA).
The accused persons in the recent Delhi riots allegedly committed a “crime against humanity” carried out in an “extremely brutal”, “grotesque” and “dastardly” manner, police has said in its supplementary charge sheet filed in a case in a court here.
The charge sheet, which names former JNU student leader Umar Khalid and JNU student Sharjeel Imam as accused, said there was a “tacit understanding” between the accused persons to carry out an “illegal” act.
Delhi Police alleged that Sharjeel Imam's academic, religious and oratory instincts were to become an asset for the key conspirators of the case in the days to come.
Communal violence in northeast Delhi had broken out in February this year, following which the Delhi Police had filed a supplementary charge sheet in a court against Khalid and JNU student Sharjeel Imam.
Delhi riots latest news: The Delhi Police, that received the permission from the Delhi government and Home Ministry a fortnight ago, is now planning to file a supplementary charge sheet naming Umar Khalid.
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