Delhi Goverment Gives Sanction To Prosecute Umar Khalid Under UAPA

The Delhi Government has given prosecution sanction to prosecute Umar Khalid, a former JNU student leader, booked under Unlawful Activities (Prevention) Act (UAPA), the PTI reported.

Khalid was arrested on the intervening night of September 13/14 in a case registered under the Unlawful Activities Prevention Act (UAPA) by Crime Branch, Special Cell of Delhi Police (FIR No. 59/2020) alleging criminal conspiracy behind the Delhi riots. The police alleged that Delhi riots were linked to the anti-CAA protests spearheaded by Khalid.

As per Section 45 of UAPA Act, No court shall take cognizance of any offence  (i) under Chapter III without the previous sanction of the Central Government or any officer authorised by the Central Government in this behalf; (ii) under Chapter IV and VI without the previous sanction of the Central Government or, as the case may be, the State Government, and where such offence is committed against the Government of a foreign country without the previous sanction of the Central Government.

To prosecute Khalid under Section 13 for unlawful activities, the Central Government sanction is needed and to prosecute under Section 16 (Terrorist act) , Section 17 (raising funds for terrorist act) and Section 18( for conspiracy), State Government sanction is needed.

"We have received prosecution sanction against Umar Khalid in connection with a case registered against him under the UAPA. We have received sanctions from both the Delhi government and the Ministry of Home Affairs," the reports said quoting a Delhi Government official.