Delhi violence: Umar Khalid files fresh bail plea, accuses prosecution of using ‘dilatory tactic’

Activist Umar Khalid on Monday filed a fresh bail plea, under a separate provision, in a case related to the communal violence in North East Delhi in February 2020, Live Law reported. Khalid has been charged under the stringent Unlawful Activities Prevention Act in the case.

Khalid’s counsel Senior Advocate Trideep Pais substituted the bail application earlier filed under Section 439 of the Criminal Procedure Code, with a new one under Section 437 of the CrPC. Section 439 of the CrPC grants power to High Courts and Sessions Courts to grant bail, while Section 437 has similar provisions for other courts.

The fresh plea was filed after Special Public Prosecutor Amit Prasad last month raised objections on a bail plea filed by co-accused in the case and Congress Councillor Ishrat Jahan. On August 26, Prasad had argued against the maintainability of Jahan’s plea, which was also filed under Section 439 of the CrPC, according to Bar and Bench.

Prasad had submitted that Jahan’s plea could not be entertained by the special UAPA court, adding that she should instead file the petition under Section 437.

After Pais submitted the fresh application on Khalid’s behalf on Monday, the prosecution sought time from the court to file a separate response on the matter. Prasad insisted that he wanted to respond to Pais’…

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