Umar Khalid and Sharjeel Imam have asked the top court to overturn the Delhi High Court's September 30 ruling, which rejected their bail pleas by citing judicial discipline and earlier court directions. The activists contend that their prolonged incarceration violates Article 21, especially since a previously set one-year period for renewing bail requests is nearing expiration. A critical procedural hurdle remains that none of the more than 900 prosecution witnesses listed in the September 2020 chargesheet have been examined so far. Meanwhile, Delhi Police maintain their strong opposition to any release, accusing both men of being the ideological masterminds behind the fatal unrest.
Key points
Umar Khalid and Sharjeel Imam are asserting that more than four years of pretrial detenti…: Umar Khalid and Sharjeel Imam are asserting that more than four years of pretrial detention without witness examinations breaches Article 21 of the Constitution.
Lower courts repeatedly declined to grant bail by citing earlier Supreme Court directions…: Lower courts repeatedly declined to grant bail by citing earlier Supreme Court directions tied to the examination of protected witnesses or the lapse of one year.
Delhi Police continue to firmly resist bail by categorizing both detained undertrials as…: Delhi Police continue to firmly resist bail by categorizing both detained undertrials as the central command authority and ideological drivers of the conspiracy.
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File photo: Sharjeel Imam, Umar Khalid move SC seeking bail in UAPA case over 2020 Delhi riots
NEW DELHI: Jailed activists Umar Khalid and Sharjeel Imam have separately moved the Supreme Court challenging the Delhi high court's September 30 order refusing them bail in the 2020 Delhi riots larger conspiracy case.In his plea, both activists argue that they should be granted bail as the prosecution has failed to examine a single witness despite them having spent more than six years in custody as an undertrial. They also pointed out that the one-year period stipulated by the Supreme Court for filing fresh bail pleas was nearing its end.The petition by Imam stated that the chargesheet in the case was filed on September 25, 2020, naming 18 accused and citing more than 900 witnesses, including 47 protected witnesses. However, the prosecution is yet to examine even one witness, Imam submitted.Khalid in his plea pointed out that the prosecution has failed to examine protected witnesses and the one-year embargo imposed by the top court is about to expire and therefore prolonged incarceration would…
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