The Supreme Court on Friday referred the bail pleas of Umar Khalid and Sharjeel Imam, accused in the 2020 Delhi riots conspiracy case, to a larger bench to review the legal principles governing bail under the Unlawful Activities (Prevention) Act (UAPA).
SC Refers Bail Pleas Of Khalid To Larger Bench
The decision came from a bench comprising Justices Aravind Kumar and PB Varale while hearing pleas linked to the riots conspiracy case. The court granted six months' interim bail to two other accused, Tasleem Ahmed and Khalid Saifi, subject to several conditions, News18 reported.
The move follows differing judicial views over bail standards under the UAPA. Days after a Delhi court rejected an interim bail plea for Khalid, who sought a temporary release for two weeks, a separate Supreme Court bench of Justices B V Nagarathna and Ujjal Bhuyan observed that "bail is the rule and jail is the exception" even under the UAPA.
The bench also questioned an earlier Supreme Court order that denied bail to Khalid and Imam. It cited the 2021 Union of India vs KA Najeeb judgement, which affirmed that constitutional courts have the authority to grant bail in cases involving prolonged incarceration despite strict restrictions under the anti-terror law.
Delhi HC Grants 3-Day Interim Bail To Umar Khalid
The Delhi High Court on Friday granted three days' interim bail to Umar Khalid, allowing him to visit his mother, who is undergoing surgery.
"Interim bail is granted for 3 days from 1-3 June, in order to enable the appellant to spend time with his mother," the court stated.
The former JNU student has remained in Tihar Jail since September 2020, with the trial in the 2020 Delhi riots conspiracy case showing limited progress. While Khalid has repeatedly failed to secure regular bail due to UAPA restrictions and serious allegations against him, courts have granted him temporary bail on limited occasions for family emergencies.
Khalid, along with several others, has been charged under the Unlawful Activities (Prevention) Act (UAPA) and provisions of the Indian Penal Code (IPC) for allegedly being among the 'masterminds' behind the 2020 northeast Delhi riots, which claimed 53 lives and left over 700 people injured.