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“In cases under the Unlawful Activities (Prevention) Act, delay in trial cannot be treated as a ‘trump card’ to override statutory restrictions. However, Section 43D(5) does not completely prevent the court from examining whether a prima facie case exists.” – Supreme Court of India
New Delhi
The Supreme Court on Monday refused to grant bail to Umar Khalid and Sharjeel Imam in the case linked to the 2020 Delhi riots, stating that the prosecution’s material presents a prima facie case against them under provisions of the Unlawful Activities (Prevention) Act (UAPA). The court observed that both played a significant and formative role in the alleged conspiracy, and therefore statutory restrictions on bail under Section 43D(5) applied.
However, the apex court ordered the release of five other accused — Gulfisha Fatima, Meera Haider, Shifa Ur Rehman, Mohammad Saleem Khan and Shadab Ahmed — after differentiating their alleged involvement. Their bail has been granted with 12 strict conditions.
A bench comprising Justices Aravind Kumar and NV Anjaria emphasized that bail decisions must assess the specific role attributed to each accused, the legitimacy of continued detention, and whether it undermines the prosecution’s case. While acknowledging concerns related to personal liberty and prolonged incarceration, the court stressed that when prosecution material indicates a prima facie offence under UAPA, legislative restrictions prevail.
The court clarified that bail hearings are not meant to evaluate defences, but to determine whether the allegations reasonably connect the accused to the alleged conspiracy.
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In a post on X, Umar’s partner Banojyotsna Lahiri quoted him as saying “…this is life now,” I am really happy for the others, who got bail! So relieved.” ,When she informed him that she would come to meet him the next day in jail, Umar replied, “Good good, aa jana. Ab yahi zindagi hai'(Good, do come, this is life now).”
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Opposition leaders question SC verdict
1. Communist Party of India (Marxist) general secretary M A Baby raised questions regarding the apex court’s observation that the activists’ incarceration without trial for over five years has not crossed “constitutional impermissibility.”
2. CPI(M) Rajya Sabha MP John Brittas said the principle that “bail is the rule, jail the exception” clearly does not apply when it comes to certain individuals.
3. Communist Party of India (CPI) general secretary D Raja said more than five years in jail without a trial is not justice, it is punishment without adjudication.
4. Rashtriya Janata Dal (RJD) MP Manoj Jha said the denial of bail raises “troubling questions.”
