The Supreme Court denied bail to student leaders Sharjeel Imam and Umar Khalid. They have been in jail for several years in connection with the 2020 Delhi riots case.
The court pointed to the seriousness of the charges against them. It noted that their situation was different from that of the other defendants in the case. Imam and Khalid accused in the February 2020 northeast Delhi riots. They had appealed a Delhi High Court decision that denied them bail under the Unlawful Activities (Prevention) Act.
Supreme Court grant bail to 5 accused, but denies for Umar Khalid and Sharjeel Imam
The Supreme Court granted bail to five other co-accused: Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan, and Shadab Ahmad. The court made a clear distinction regarding their alleged involvement.
The court stressed that granting bail did not lessen the seriousness of the allegations. It set 12 conditions for their release and warned that violating any of these result in bail revoked. The order reserved on December 10 and announced by a Supreme Court bench of Justices Aravind Kumar and NV Anjari.
Key points from SC Order
Here are some key points from Supreme Court order
- “The discussion limited to delay and prolonged incarceration. UAPA offenses rarely isolated acts. The law reflects this understanding.”
- “Bail is not a place to assess defenses. Judicial restraint does not mean avoiding duty. The proper application requires the court to conduct a structured inquiry.”
- The bench also mentioned section 15 of the UAPA, which defines a “terrorist act.” This provision goes beyond death and destruction; it includes acts that disrupt services and threaten the economy.
- The court noted that each application under the UAPA is evaluated individually, as each accused’s involvement varies. “Umar Khalid and Sharjeel Imam stand on a different level compared to other accused,” the bench said.
- The court ordered that the trial should reach a timely conclusion and that protected witnesses be examined promptly.
The Delhi Police has consistently opposed bail for all accused, claiming the 2020 riots were an “orchestrated, pre-planned and well-designed” attack on India’s sovereignty. However, Sharjeel Imam argued that he was unfairly labeled an “intellectual terrorist” without any evidence or conviction.
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