UAPA case: Former JNU student Umar Khalid withdraws bail plea before SC, says ‘case will be filed in lower court’

Jinan University student leader Omar Khalid on Wednesday withdrew his plea seeking bail in the Supreme Court after facing multiple adjournments.

Senior advocate Kapil Sibal told a division bench of the Supreme Court headed by Justices Bela M Trivedi and Pankaj Mithal while filing the withdrawal plea that the situation has changed.

“As circumstances have changed, we are filing a motion to withdraw and we will refile the case in the trial court,” Sibal said. He also withdrew another plea challenging the Unlawful Activities (Prevention) Act.

However, the senior lawyer did not elaborate on the change in circumstances. The judge hearing the plea accepted Sibal’s plea and ordered the withdrawal of Khalid’s bail request.

The Union government, represented by Solicitor General (ASG) SV Raju and advocate Rajat Nair, questioned the location of the petitioners, the NGOs challenging the powers of the Unlawful Activities (Prevention) Act.

Raju, assisted by Nair, argued: “A petition can be filed only by a person filing a proceeding under the Act.”

Khalid has moved the Supreme Court against the Delhi High Court’s denial of bail. On October 18 last year, High Court judges Siddharth Mridul and Rajnish Bhatnagar dismissed Khalid’s appeal seeking regular bail.

He challenged the trial court’s order denying him bail in connection with the UAPA case.

The alleged offensive remarks he made during protests against the Citizenship Amendment Act and the National Register of Citizens in Amaravati were the basis for the charges against him in the riots case.

According to Delhi Police, Jinan University academics and activists Khalid Imam and Sharjeel Imam are among nearly a dozen people involved in the larger conspiracy case related to the riots.

In February 2020, riots broke out in the national capital, with violent clashes between anti-CAA (Citizenship Amendment Act) protesters and pro-CAA protesters, resulting in more than 50 lives and more than 700 injuries.