Supreme Court denies bail to Umar Khalid and Sharjeel Imam and grants conditional bail to five co-accused

The Hindu
The Hindu
20h ago
The Bench said Section 43D(5) sets a distinct standard for bail under the UAPA and said delay alone cannot override statutory constraints.
Supreme Court denies bail to Umar Khalid and Sharjeel Imam and grants conditional bail to five co-accused
A What happened
The Supreme Court declined to grant bail to activists Umar Khalid and Sharjeel Imam in a case registered under the Unlawful Activities (Prevention) Act in connection with the alleged “larger conspiracy” behind the February 2020 riots in New Delhi. A Bench of Justices Aravind Kumar and N.V. Anjaria granted conditional bail to Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohd. Saleem Khan and Shadab Ahmed, stating the allegations against them were “limited and ancillary in nature”. The Court said material on record prima facie indicated a “formative” role for Mr. Khalid and Mr. Imam and said they stood “qualitatively on a different footing” and on a “higher footing in the hierarchy of participation” in the charges levelled by the Delhi Police. The Court granted Mr. Khalid and Mr. Imam liberty to revive their pleas for bail after the examination of protected witnesses or upon the completion of one year from the date of the ruling, whichever occurs earlier.
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Key insights

  • 1

    UAPA bail standard cited: The Court said Section 43D(5) prescribes a distinct standard for bail and said prolonged pre-trial custody cannot dilute the statutory bar where a prima facie case exists.

  • 2

    Section 15 scope addressed: The Court said Section 15 of the UAPA cannot be narrowly confined to cases involving explosives or immediate physical violence and said disruption of essential supplies or intent to destabilise public order or economic security could fall within its ambit.

  • 3

    Appeals arose from High Court order: The article states the appeals arose from a September 2 judgment of the Delhi High Court refusing bail to the accused.

Takeaways

The Supreme Court denied bail to Umar Khalid and Sharjeel Imam under the UAPA and granted conditional bail to five co-accused, with liberty for Mr. Khalid and Mr. Imam to revive bail pleas under stated conditions.

Topics

World & Politics Policy & Regulation Law & Public Safety Crime & Justice Courts

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