Former student activists Umar Khalid and Sharjeel Imam approached the Supreme Court after the trial court and the Delhi High Court rejected their bail pleas under the Unlawful Activities (Prevention) Act. The lower courts based their decisions on an interpretation that the apex court had effectively set a January 5, 2027 deadline before bail could be sought again. The petitions challenge this timeline, arguing that Article 21 guarantees continuous protection against indefinite detention without trial progress. Additionally, Imam cited the May 22 bail granted to co-accused Tasleem Ahmed as a precedent for relief based on parity.
Key points
The petitions argue that prolonged pre-trial incarceration without substantial trial prog…: The petitions argue that prolonged pre-trial incarceration without substantial trial progress violates fundamental protections guaranteed by Article 21.
Contradictory rulings on granting bail under the Unlawful Activities (Prevention) Act hav…: Contradictory rulings on granting bail under the Unlawful Activities (Prevention) Act have been referred to a larger bench for resolution.
The applicants maintain that reserved timelines set by courts should not bar lower judici…: The applicants maintain that reserved timelines set by courts should not bar lower judiciary benches from considering changed circumstances.
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NEW DELHI: Referring to the contradictory orders given by Supreme Court in the matter of bail to the accused on the ground of delay in trial and long incarceration for UAPA offences, which have been referred to a larger bench for authoritative pronouncement, former student activists Umar Khalid and Sharjeel Imam have moved SC for bail in 2020 Delhi riots cases.The accused submitted that two co-accused, including Tasleem Ahmed, were granted bail by SC on the grou-nd that determination of the issues by the larger bench would take time, and they could not be made to suffer continued incarceration.
Seeking parity with the co-accused, Sharjeel Imam, who has already spent six years and nine months in custody, said in his petition, filed through advocate Fauzia Shakil, that two co-accused in the same FIR were released on interim bail by the court on May 22 under a principle which applies to him in greater degree.The accused moved SC after their plea for bail was rejected by the trial court and Delhi High Court on the ground that the apex court had…
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