Delhi High Court Gives Umar Khalid Interim Bail Ahead Of Mother’s Surgery

The Delhi High Court on Friday granted three days’ interim bail to jailed student activist Umar Khalid in the larger conspiracy case related to the 2020 Delhi riots, allowing him to spend time with his ailing mother, who will likely undergo surgery next month.

A Division Bench comprising Justices Prathiba M Singh and Madhu Jain granted interim bail from June 1 to June 3 after taking an ’empathetic view’ of the matter.

“Interim bail is granted for 3 days from 1-3 June, to enable the appellant to spend time with his mother,” the Delhi High Court said.

Khalid had approached the High Court challenging a Trial Court order that denied him interim bail on humanitarian grounds to attend the Chehlum ceremony of his late uncle and assist in caring for his mother.

The Bench directed that Khalid must remain within the Delhi-NCR region during the interim bail period and stay at the address submitted before the High Court.

The court further ordered that he should not visit any location other than the hospital and his place of stay.

The Bench also directed Khalid to use only one mobile number and remain in continuous contact with the Investigating Officer during the bail period.

During the hearing, Additional Solicitor General SV Raju, appearing for the Delhi Police, opposed the plea, arguing that Khalid’s mother required only a minor surgery and that his sisters could take care of her.

The Centre’s law officer also suggested allowing Khalid to meet his mother while in police custody and return the same day instead of granting him interim bail.

Why the Trial Court Rejected Bail Earlier

Earlier, a Delhi court had dismissed Khalid’s plea seeking temporary release for 15 days.

Additional Sessions Judge Sameer Bajpai of the Karkardooma Courts had rejected the application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), read with Section 439 of the CrPC.

According to the plea, Khalid’s uncle, Khursheed Ahmad Khan, died on April 10, and the 40th-day ritual, or Chehlum, scheduled in Delhi on May 24.

The plea also stated that doctors have advised Khalid’s mother to undergo surgery for lump excision on June 2 at a private hospital. It argued that his 71-year-old father was unable to care for her, while his five sisters lived away after marriage.

The prosecution had opposed the plea, contending that Khalid was attempting to misuse the court’s leniency and that the grounds cited were not compelling.

While rejecting the plea earlier, the Trial Court had observed that Khalid’s family members could support his mother and that the surgery appeared to be a simple procedure. It also noted that although the court had previously granted Khalid interim bail and he had complied with the conditions, the court assesses each application on its own merits.

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