On the 7th of October, the bail hearing of Umar Khalid, Sharjeel Imam and others was listed to be heard by the division bench comprising Justice Navin Chawla and Justice Shalinder Kaur. The matter was adjourned to 25th November 2024 because Justice Navin Chawla’s father passed away on the 6th of October.
Given the sensation attached to the case, one would imagine that law portals like LiveLaw would be responsible enough to report the full truth, however, that is a tall ask. On the 7th of October, LiveLaw tweeted that the UAPA matter had been adjourned and the next date of hearing was listed to be the 25th of November 2024.
While tweeting the update, LiveLaw missed the reporting of the crucial information that the matter had been adjourned because of the personal loss suffered by Justice Navin Chawla.
[Delhi Riots Larger Conspiracy Case]
— Live Law (@LiveLawIndia) October 7, 2024
Delhi High Court adjourns hearing in bail pleas of Umar Khalid, Sharjeel Imam and other accused persons as the division bench headed by Justice Navin Chawla did not sit today.
Next date of hearing is November 25. #DelhiRiots #UAPA pic.twitter.com/ae1ycs3gh9
LiveLaw also published a report on the adjournment, however, even in the report, the reason for the adjournment was not listed. An archived version of the report can be read here.
As soon as LiveLaw tweeted the update, self-proclaimed ‘vultures’ like Rajdeep Sardesai jumped to action, crying injustice. He wrote, “Tareek pe tareek. Today is October 7.. next date is November 25! Four years and counting. Reason? Judge did not sit!!”.
Tareek pe tareek. Today is October 7.. next date is November 25! Four years and counting. Bail plea not heard. Reason? Judge did not sit!! https://t.co/Ip4fGg1DMd
— Rajdeep Sardesai (@sardesairajdeep) October 7, 2024
Rajdeep edited his tweet later to write, “Tareek pe tareek. Today is October 7.. next date is November 25! Four years and counting. Bail plea not heard. Reason? Judge did not sit!! For VVIPs, courts will open for bail on weekends, ensure fast tracking”.
In the duration that he wrote his initial post to the last edit, there were enough netizens pointing out that the hearing was adjourned because of the Judge’s personal loss.
Rajdeep Sardesai took the time to edit his post but added fuel to the fire by crying “VIPs get fast track hearings”. It must be mentioned that the date of the next hearing is provided according to the roster.
Tareek pe tareek. Today is October 7.. next date is November 25! Four years and counting. Bail plea not heard. Reason? Judge did not sit because of a family bereavement (judge’s father passed away on weekend ) so next date gets pushed by more than a month. For VVIPs, courts will… https://t.co/Ip4fGg1DMd
— Rajdeep Sardesai (@sardesairajdeep) October 7, 2024
Rajdeep Sardesai is essentially upset that an Islamist charged under Unlawful Activities (Prevention) Act is not being special treatment.
But he was the only one to omit the context of the adjournment and peddle propaganda on social media.
Umar Khalid case is classic case to prove that India is a banana republic.
— PunjAAP (@Pung_AAP) October 7, 2024
Here you can be accused of XYZ your house will be demolished & you won't get hearing for 4 years as no Judge has guts to stand against the ruling party & just hear your case.
CJI should be ashamed! https://t.co/QgE2j5IJcV
Umar Khalid, Khalid Saifi, Meeran Haider, and others are at the cusp of bail, with no remaining legal grounds to deny it. The delay appears more political than judicial, as their continued detention lacks logical justification. They should be granted bail.
— Anas Tanwir 🔻 (@Vakeel_Sb) October 7, 2024
No judge wants to take a call on Umar Khalid’s bail application. Depressing https://t.co/9ZoiErRArI
— Mohanakrishnan (@mokrish) October 7, 2024
Umar Khalid a young student can’t get bail from India’s higher judiciary after four years in jail while convicted rapist & murderer Ram Rahim gets furlough after furlough from jail. Justice? https://t.co/BRhC6DgB2O
— Swati Chaturvedi (@bainjal) October 7, 2024
The usual suspects, from Islamists to Leftists, have been trying to create a narrative that Umar Khalid, Sharjeel Imam and others are being denied bail because of the inherent bias of the judicial system and that, the judiciary is deliberately delaying the bail hearings.
When Umar Khalid sought adjournments in hearings
It is pertinent to note here that while the narrative often is that Umar Khalid’s hearing has been delayed indefinitely, it was only in April 2023 that he approached the Supreme Court. Before that, he had got a 1-week reprieve to attend his sister’s marriage in December 2022.
First and foremost, there is no explanation as to why Umar Khalid waited 6 months before moving the Supreme Court for bail, after the rejection by the High Court.
Secondly, while there were screeches about the delay in the hearing, there were several times when his lawyer Kapil Sibal himself wanted the case to be adjourned.
OpIndia found that out of the 14 adjournments in 2023 and 2024, 7 delays and adjournments were sought by Umar Khalid himself. It therefore becomes evident that the withdrawal was certainly not because of the famed “delay” in hearing.
Umar Khalid and his role in Delhi’s anti-Hindu riots
On 14th September 2020, Umar Khalid, former JNU student and son of an ex-SIMI member was arrested for his role in the Delhi anti-Hindu riots that broke out on the 24th of February.
He, along with others, was booked under the Unlawful Activities (Prevention) Act or UAPA and relative provisions of the Indian Penal Code (IPC) for being the masterminds of the riots.
Umar Khalid, son of Ilyas on the other hand admitted to the Delhi police that he was involved in organizing Muslim groups, instigating them, and preparing for the large-scale violence.
He had mobilized the Muslims against the law, by asserting that the new law was ‘against Muslims’ and had also planned to involve women and children in the ‘Chakka Jam’ amid the visit of US President Trump to India.
He had allegedly met the former AAP Councillor Tahir Hussain and another accused Khalid Saifi to assure logistical support during the riots through his contacts in the PFI.
According to the reports, the agencies have been watching and warning about the nexus between Maoists whose front organization Khalid is aligned with, and hardline Islamists allegedly represented by Jamaat-e-Islami Hind, Welfare Party of India, and banned outfit SIMI.
He had also repeated Pakistani talking points in Kashmir an claimed that the Indian Union territory was occupied by Indian forces.
