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Umar Khalid files fresh bail plea, opposes State’s “dilatory tactics”

This comes in the backdrop of the prosecution raising the issue of maintainability of bail plea filed by co-accused Ishrat Jahan in the Delhi violence case

Sabrangindia 06 Sep 2021

Umar Khalid

Former JNU student and accused in the conspiracy case of North East Delhi violence of 2020, Dr. Umar Khalid has withdrawn his bail application and filed a new one. This development comes in the backdrop of the prosecution raising the issue of maintainability of co-accused Ishrat Jahan’s bail application after almost 6 months of arguments. 

On August 26, Additional Public Prosecutor, Amit Prasad (appearing for Delhi Police) had argued that Jahan’s bail application was not maintainable because it was filed under section 439 (Special powers of High Court or Court of Session regarding bail) of the Criminal Procedure Code whereas, the special court can only hear cases filed under section 437, which deals with the provisions of when bail matters may be taken up in case of a non-bailable offence.

As we have previously reported in SabrangIndia, Pradeep Teotia, appearing for Jahan, told the court that the Delhi Police are unnecessarily increasing her period of incarceration and deriving “sadistic pleasure” out of this. Teotia had argued that the State should have highlighted this issue earlier and not wait for six months to pass by. He argued, “This is torture on me also. After taking so much of Court’s time! Then, one should also not seek bail orally. I don’t have any words. Someone has been in jail, the court can’t see if prosecution and defense are fighting like cat and mouse.” He also told the court that this is a trivial issue and that this will not change his prayer, facts of the case or his arguments for bail. 

During today’s hearing, Umar Khalid’s lawyer, senior counsel Trideep Pais submitted to the court that he has withdrawn his earlier bail application under section 439 of the CrPC and substituted it with a new one under section 437. He said, “I have moved an application under section 437, and removed section 439. I don’t want it to come in the way. There is no impediment for the court to consider under the relevant provision.”

At this point, the Additional Public Prosecutor, Amit Prasad intervened and said, “I object to what is written in the application. To paint prosecution that it is (using) a dilatory tactic, is something I will have to reply to”. But senior counsel Pais contended that he would like to continue arguing the matter as the facts and the arguments remain the same. He said, “I don’t want to waste a day. My arguments are the same. The Court will take into submission that you are arguing that it is not a dilatory tactic. But let my arguments continue.”

However, Additional Sessions Judge, Amitabh Rawat opined that since a fresh application has been filed in the matter, it would be appropriate to issue a notice and seek the prosecution’s response before proceeding with the hearing. “If an application under section 439 has to be withdrawn and section 437 has to be taken today, I have to get a reply. I haven’t issued a notice in it, I don’t want technical objections later”, he said.

Accordingly, the matter has been adjourned to September 8.

Related:

Delhi Violence: Courts call Delhi Police’s investigation ‘callous, inefficient, indolent and lackadaisical’

Chargesheet calls me ‘veteran of sedition’, gives it a communal colour: Umar Khalid to court

State is deriving sadistic pleasure by extending custody period, its torture: Ishrat Jahan

UAPA case is to selectively target people who oppose CAA: Dr. Umar Khalid

Umar Khalid files fresh bail plea, opposes State’s “dilatory tactics”

This comes in the backdrop of the prosecution raising the issue of maintainability of bail plea filed by co-accused Ishrat Jahan in the Delhi violence case

Umar Khalid

Former JNU student and accused in the conspiracy case of North East Delhi violence of 2020, Dr. Umar Khalid has withdrawn his bail application and filed a new one. This development comes in the backdrop of the prosecution raising the issue of maintainability of co-accused Ishrat Jahan’s bail application after almost 6 months of arguments. 

On August 26, Additional Public Prosecutor, Amit Prasad (appearing for Delhi Police) had argued that Jahan’s bail application was not maintainable because it was filed under section 439 (Special powers of High Court or Court of Session regarding bail) of the Criminal Procedure Code whereas, the special court can only hear cases filed under section 437, which deals with the provisions of when bail matters may be taken up in case of a non-bailable offence.

As we have previously reported in SabrangIndia, Pradeep Teotia, appearing for Jahan, told the court that the Delhi Police are unnecessarily increasing her period of incarceration and deriving “sadistic pleasure” out of this. Teotia had argued that the State should have highlighted this issue earlier and not wait for six months to pass by. He argued, “This is torture on me also. After taking so much of Court’s time! Then, one should also not seek bail orally. I don’t have any words. Someone has been in jail, the court can’t see if prosecution and defense are fighting like cat and mouse.” He also told the court that this is a trivial issue and that this will not change his prayer, facts of the case or his arguments for bail. 

During today’s hearing, Umar Khalid’s lawyer, senior counsel Trideep Pais submitted to the court that he has withdrawn his earlier bail application under section 439 of the CrPC and substituted it with a new one under section 437. He said, “I have moved an application under section 437, and removed section 439. I don’t want it to come in the way. There is no impediment for the court to consider under the relevant provision.”

At this point, the Additional Public Prosecutor, Amit Prasad intervened and said, “I object to what is written in the application. To paint prosecution that it is (using) a dilatory tactic, is something I will have to reply to”. But senior counsel Pais contended that he would like to continue arguing the matter as the facts and the arguments remain the same. He said, “I don’t want to waste a day. My arguments are the same. The Court will take into submission that you are arguing that it is not a dilatory tactic. But let my arguments continue.”

However, Additional Sessions Judge, Amitabh Rawat opined that since a fresh application has been filed in the matter, it would be appropriate to issue a notice and seek the prosecution’s response before proceeding with the hearing. “If an application under section 439 has to be withdrawn and section 437 has to be taken today, I have to get a reply. I haven’t issued a notice in it, I don’t want technical objections later”, he said.

Accordingly, the matter has been adjourned to September 8.

Related:

Delhi Violence: Courts call Delhi Police’s investigation ‘callous, inefficient, indolent and lackadaisical’

Chargesheet calls me ‘veteran of sedition’, gives it a communal colour: Umar Khalid to court

State is deriving sadistic pleasure by extending custody period, its torture: Ishrat Jahan

UAPA case is to selectively target people who oppose CAA: Dr. Umar Khalid

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Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

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In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
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Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
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A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020

Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

IN FACT

Analysis

Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020

Archives