Bail matter of Sharjeel Imam, Umar Khalid referred to larger SC bench

New Delhi: A bench of justices Aravind Kumar and P B Varale took issue with a coordinate bench that criticised the denial of bail to accused in the Delhi riots conspiracy case, Umar Khalid and Sharjeel Imam, who were detained under the strict Unlawful Activities Prevention Act (UAPA). In order to resolve the apparent conflict in the higher judiciary, the matter was referred to a larger bench.

Earlier, a three-judge bench in the Union of India v. K. A. Najeeb case had held that prolonged incarceration could be a valid ground for granting bail in UAPA cases. Referring to that ruling, Justices B. V. Nagarathna and Ujjal Bhuyan had observed that judicial discipline required smaller benches to follow decisions delivered by larger benches, The New Indian Express reported.

However, the bench led by Justice Aravind Kumar reportedly stated that the Najeeb judgment could not be treated as a mechanical formula for granting bail solely because of delays in trial proceedings. The bench pointed out that bail had been granted to five accused persons earlier, while Khalid and Imam were denied relief after what it described as an individualised assessment of their respective roles.

According to the order dictated in open court, the issue involved determining the constitutional approach to cases where prolonged incarceration and delays in completing trials are cited as grounds for bail despite the restrictions imposed under Section 43D(5) of the UAPA.

The bench was hearing arguments presented by Delhi Police in bail pleas filed by two other accused in the case, Tasleem Ahmed and Khalid Saifi. The court reportedly granted both of them interim bail for six months.