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Former JNU student leader Umar Khalid has filed a review petition before the Supreme Court seeking reconsideration of its 5 January order denying him bail in the Delhi riots larger conspiracy case.

The matter is listed for hearing on Wednesday.

The earlier order was passed by a bench of Justices Aravind Kumar and N. V. Anjaria, which had denied bail to Khalid and co-accused Sharjeel Imam.

Court’s earlier observations

The bench had observed that the prosecution material disclosed a prima facie case under the Unlawful Activities (Prevention) Act, 1967.

It said the material indicated “a central and formative role” and involvement “in the level of planning, mobilisation and strategic direction extending beyond episodic and localised acts”.

The court had also imposed a restriction that Khalid and Imam could renew their bail pleas only after the examination of protected witnesses or after one year from 5 January.

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At the same time, the court had granted bail to several other accused in the case, including Gulfisha Fatima, Meera Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmed.

Plea for open court hearing

Senior advocate Kapil Sibal, appearing for Khalid, mentioned the review petition before the court and requested that it be heard in open court.

“I wanted to make a mention… my request is… if you could have it in an open Court,” Sibal said.

Responding to the request, Justice Kumar said, “We will look into the paper, and if required, we will call it.”

Khalid is among those accused in the larger conspiracy case related to the 2020 Delhi riots. The case involves allegations of a premeditated conspiracy under anti-terror provisions, which the accused have denied.

The Supreme Court’s decision on whether to entertain the review plea in open court will be taken after examining the case papers.

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