On Friday, the Delhi High Court fixed Umar Khalid's bail plea for 19th May.
"In the meantime, parties are at liberty to place on record all docs as may be relevant for adjudication of the appeal within one week from today with advance copy to other side," the court said.
In addition, the court also fixed Sharjeel Imam's bail plea in larger conspiracy case on 24th May.
Khalid, who has spent 18 months in jail after being arrested as a chief conspirator of the Delhi Riots in February 2020, argues that there is no substance to the allegations against him by the Delhi Police, and that no prima facie case for terror offences is made out in the charge sheet filed by them.
The bail proceedings in the lower court has lasted months, almost becoming a mini-trial with detailed examination of the allegations and the evidence cited by the police.
The speech given by Umar Khalid at Amravati on 20 February 2020 about the anti-CAA movement is the only overt act attributed to him by the Delhi Police for which there is incontrovertible evidence.
The Delhi Police claim that this speech amounted to incitement – a claim refuted by Khalid's lawyers, who have pointed out that the speech specifically called for non-violence.
The judges took exception to a part of the speech where Khalid talked about the role played in the freedom struggle by Jamia Millia Islamia University, and how the Rashtriya Swayamsevak Sangh (RSS) had instead been 'agents' of the British at the time.
"We have no qualms about permitting free speech," the judges added, "but what are you saying? Does it not attract Section 153A or 153B of Indian Penal Code?”
Section 153A of the IPC deals with promoting enmity or hatred between different communities on the basis of religion, caste, language, place of birth, etc.
Section 153B deals with imputations that a "class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community" bear true allegiance to the Constitution or uphold India's sovereignty, or be citizens of India.
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