New Delhi: The Supreme Court on Monday sought an open court hearing of the review petition filed by student activist Umar Khalid in the alleged larger conspiracy case related to the 2020 Delhi riots.
Senior advocate Kapil Sibal, appearing for Khalid, mentioned the matter before a bench of Justices Arvind Kumar and Prasanna B. Varale.
Sibal informed that the review petition is listed for Wednesday and requested that it be heard in open court. He said, “I just want to request that if possible, this matter be heard in open court.”
Court said—Hearing will take place if necessary
Responding to this, the bench headed by Justice Kumar said, “We will look into the papers and list it if necessary.”
Review petitions are generally heard in chambers on limited grounds and are rarely listed in open court.
Previous bail pleas rejected
In January this year, the Supreme Court denied bail to Umar Khalid and Sharjeel Imam in this case. However, the court granted bail to five other accused—Gulfisha Fatima, Meeran Haider, Shifa ur Rehman, Mohammad Salim Khan, and Shadab Ahmed.
In its verdict, the bench held that the prosecution possessed prima facie material that warranted the bar on bail under Section 43D(5) of the UAPA.
Supreme Court Comments on Conspiracy Cases
The Supreme Court stated that the available evidence does not support Khalid’s bail and indicates that his role was limited to planning, mobilizing people, and providing strategic instructions.
The court also stated that in conspiracy cases, it is not necessary for each accused to commit the final violent act, but rather that a prima facie connection between him and the alleged conspiracy is sufficient.
The Supreme Court clarified that these comments are limited to the issue of bail and will not affect the trial.
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