Khalid gets 3 days’ interim bail from HC for mother’s surgery

New Delhi: Taking an “empathetic view” since Umar Khalid’s mother has to undergo surgery, Delhi High Court on Friday granted him three days interim bail in the UAPA case alleging larger conspiracy in the commission of the 2020 northeast Delhi riots.

A bench of Justices Prathiba M Singh and Madhu Jain permitted Khalid to be released from June 1 to 3 to enable him to spend time with his ailing mother, whose surgery is scheduled next month.

Khalid had approached the high court challenging a trial court order denying him interim bail on humanitarian grounds to attend the Chehlum ceremony of his late uncle and take care of his mother.

Granting interim bail, HC specified that Khalid would remain within Delhi during the period of interim bail and stay at the address furnished, won’t visit any place other than the hospital and his place of stay, use only one mobile number and remain in continuous touch with the investigating officer.

Appearing for police, additional solicitor general SV Raju opposed the plea, arguing that Khalid’s mother was required to undergo only a minor surgery and his sisters could take care of her. He submitted that Khalid could be permitted to visit his mother and return the same day under police custody, instead of being granted interim bail.

The high court, however, said it was “taking an empathetic view” and granting him interim bail to spend time with his mother.

The trial court had earlier rejected his plea seeking interim bail to attend the 40th-day ritual of his uncle, Khursheed Ahmad Khan, in the city on May 24.

Khalid had also submitted that his mother had been advised surgery for lump excision on June 2 at a private hospital. The plea stated that though Khalid’s family consisted of his parents and five sisters, his 71-year-old father was not in a position to take care of his mother, while his sisters lived away from the parental home after marriage. It was argued that, being the eldest and the only son in the family, Khalid was required to assist his mother before and after the surgery.

Opposing the plea, the prosecution had contended that the accused was attempting to misuse the court's leniency and that the grounds raised were not compelling.

The trial court had observed that Khalid has multiple family members who can support his mother and the surgery appeared to be a simple procedure.

Khalid was booked under Unlawful Activities (Prevention) Act for being one of the "masterminds" of the Feb 2020 riots that had left 53 people dead and more than 700 injured. The violence had erupted during protests against Citizenship (Amendment) Act 2019 and National Register of Citizens.