Delhi Violence: Court dismisses Umar Khalid's plea to meet Family Members during Remand

A Delhi Court has dismissed a petition filed by Ex-Jawaharlal Nehru University (JNU) student leader Umar Khalid, who was arrested for his alleged role in the northeast Delhi violence, seeking to meet his family members during police remand.

Additional Sessions Judge Amitabh Rawat said, "In the totality of facts & circumstance of the case, I see no merit in the application, & accordingly, the application is dismissed."

The Court noted that the lawyer for the accused had made a specific request for allowing the meeting time of the accused with his counsel during police custody remand & the same was allowed for every day for 30 minutes during the entire custody remand.

The Court observed that "There was also an apprehension of safety raised by the counsel for the accused & thus a specific direction was also given to the concerned Deputy Commissioner of Police (DCP) to ensure the safety of the accused".

Khalid, who has been booked under the Unlawful Activities Prevention Act (UAPA) in the case, was last week sent to ten-day Police remand by a Karkardooma court in Delhi. His Police custody will end on Sept 24, when he will be produced before the Court.

Khalid's lawyer had, during the hearing, said that verbal assurance was given at the time of remand by the police that his family would be allowed to meet during the Police remand, however, they are not being permitted to meet with the accused.

He further said that Police custody is extraordinarily long & thus accused shouldn't be deprived of meeting with his family or friends. It is prayed that the applicant be permitted to meet his family on at least two days for a period of 30 minutes each day, the lawyer sought.

The lawyer had argued that the period for meeting with his family may be interchanged partially with his meeting time. It is further submitted that there is no provision barring the accused to meet with his family, he added.

Special public prosecutor Amit Prasad had opposed the plea saying that there is no provision in the Code of Criminal Procedure (CrPC) for allowing meetings with the family of the accused during his custody & added that meeting with the counsel has already been allowed.

Prasad submitted that the present application may not be allowed as the accused is already meeting with his counsel & if the accused has to convey any message to his family members, he can convey that through his counsel.

The violence, which took place in the northeast area of the national capital between groups supporting & opposing the Citizenship Amendment Act in Feb 2020, led to the deaths of at least 53 people & injuring hundreds of others.

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