Introduction:

The Supreme Court recently deferred the hearing on the bail plea of former JNU scholar Umar Khalid, seeking relief in the Delhi riots larger conspiracy case. The bench, led by Justices Bela Trivedi and Pankaj Mithal, initially hesitated but eventually acceded to Senior Advocate Kapil Sibal’s request for adjournment due to his involvement in a Constitution Bench hearing. The Delhi Police also sought a postponement due to the unavailability of Additional Solicitor General SV Raju.

Arguments:

Kapil Sibal, representing Umar Khalid, sought an adjournment citing his engagement in another significant case before the Constitution Bench. Initially met with reluctance by the bench, Sibal’s repeated pleas, supported by Senior Advocates Arvind Datar and Huzefa Ahmadi, eventually led to the decision to postpone the hearing to January 24. The bench, firm on granting no further adjournments, recorded both the petitioner’s and the Union’s request for the delay.

Court’s Decision:

Umar Khalid, an undertrial since September 2020 in the UAPA case related to the Delhi riots, sought bail, but the Delhi High Court upheld the trial court’s denial, linking him to alleged ‘conspiratorial meetings.’ The High Court also scrutinized Khalid’s speech elements, expressing concern over phrases like ‘revolutionary salute’ and ‘revolutionary welcome,’ deeming them potentially inciting violence. It also raised questions about his use of the term ‘jumla’ against the Prime Minister, emphasizing the need for a boundary in criticism.