The Supreme Court was asked on Monday to consider holding an open court hearing for student activist Umar Khalid’s review petition regarding the alleged larger conspiracy linked to the 2020 Delhi riots. Senior advocate Kapil Sibal, representing Khalid, made this request before a bench of Justices Aravind Kumar and Prasanna B. Varale. Sibal mentioned that the review petition is scheduled for a hearing on Wednesday and sought that it be conducted in an open court setting.
In response to the request, Justice Kumar-led Bench stated that they would review the matter and proceed accordingly if necessary. Typically, review petitions are decided in chambers based on specific grounds, like errors apparent on the record, and are seldom scheduled for open court hearings. Earlier this year, the Supreme Court had denied bail to Umar Khalid and Sharjeel Imam in connection with the alleged larger conspiracy arising from the 2020 Delhi riots.
The Justice Kumar-led Bench, while pronouncing the verdict, noted that the prosecution material indicated a prima facie case against the duo, triggering the legal bar on bail under Section 43D(5) of the Unlawful Activities (Prevention) Act. The court emphasized that the evidence did not support Khalid’s release on bail and suggested his involvement in planning, mobilization, and issuing strategic directions.
The Supreme Court clarified that its observations were confined to the bail issue and would not impact the trial proceedings. It was highlighted that in conspiracy cases, a direct link between the accused and the unlawful design must be inferred from their collective actions, even if not all conspirators execute the final act of violence.
