Delhi court rejects Umar Khalid interim bail over mother's surgery plea

A Karkardooma sessions court bench, presided over by Sameer Bajpai, rejected both grounds on which Khalid had sought interim bail.

In Short

• Khalid cited his mother’s worsening health and impending surgery in court
• He also sought temporary release to attend his uncle’s Chehlum ceremony
• Judge Sameer Bajpat said his sisters and father could assist

A district court in Delhi’s Karkadooma on Tuesday denied Umar Khalid’s interim bail plea in the 2020 Delhi riots larger conspiracy case. Khalid sought interim bail on two grounds: the decaying health of his mother and the need for surgery, and second, to attend the Chehlum ceremony (the 40-day mourning) of his deceased uncle.

The bench by the Additional Session Court Judge, Sameer Bajpat, refused to grant bail on any of these grounds. For the first one, the court observed that Umar has five sisters, and his mother does not need his supervision. For the second, the court mentioned that attending the ceremony of his uncle is simply not ‘necessary.’

“As far as the surgery of the mother of the applicant is concerned, the applicant has himself said that he has five sisters. Although, as per the applicant, his sisters do not live nearby, they are definitely expected to come for the help of their mother. Further, the father of the applicant is also there to take care of the mother of the applicant,” the court order read, mentioning further that the surgery is a simple one, and not very complicated.

“Attending the Chehlum ceremony of his uncle is not necessary. Things would have been different if the ceremony were for a person who was in immediate relation to the applicant. Further, if the relation was so immediate and thick, the applicant would have asked for the release at the time of the death of his uncle only and not now after such a long time. Therefore, the Court doesn't find this reason to be just,” the order read.

The court finally concluded by saying, “Finding the reasons unreasonable, the Court doesn't deem it appropriate to grant the desired relief to the applicant. The application is dismissed.”

The development occurred a day after the Supreme Court questioned its own verdict of denying bail to Umar Khalid and Sharjeel Imam.

The court observed that the ruling to deny bail to Khalid, who has remained incarcerated since September 2020, failed to properly apply the principle of ‘bail is the rule and jail is the exception’, laid down by the Supreme Court on prolonged pre-trial detention. Khalid was denied bail in January this year, and his review petition was rejected in April.

- Ends