Oppn questions denial of bail to Umar, Sharjeel pointing out Ram Rahim’s bail

New Delhi: Opposition leaders questioned the Supreme Court's decision to deny bail to activists Umar Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy case, noting that rape offender Dera Sacha Sauda head Gurmeet Ram Rahim had been given parole multiple times.

In a post on X, Communist Party of India (Marxist) MP John Brittas said, "The principle that 'bail is the rule, jail the exception' clearly does not apply when it comes to certain individuals." "No bail to Umar Khalid — detained for over 5 years under the draconian UAPA, with the trial yet to even begin. Pre-trial jail is not a punishment!!" Brittas said.

"Meanwhile, convicted rapist and murderer Gurmeet Ram Rahim Singh (sentenced in 2017) has just been granted yet another 40-day parole — his 15th temporary release from prison since conviction. One languishes indefinitely without trial. The other enjoys repeated 'jail vacations' on demand," he said, PTI reported.

Dera Sacha Sauda chief Gurmeet Ram Rahim Singh, serving a 20-year jail term for raping two of his disciples, walked out of the Sunaria jail in Rohtak on Monday after he was granted a 40-day parole. This is the 15th time he has been granted since his conviction in the case in 2017.

The CPI(M) said in a post on X that the continued denial of bail is against the principles of natural justice. The Unlawful Activities (Prevention) Act (UAPA) is being used to crush dissent, it charged.

"The Supreme Court's denial of bail to Umar Khalid and Sharjeel Imam, who have spent over five years in jail under the draconian UAPA without trial or conviction, is against the principles of natural justice," the party said.

"Prolonged pre-trial incarceration violates the fundamental principle that bail is the rule, not jail, and undermines the constitutional right to liberty and a speedy trial. The continued use of UAPA to target dissenting voices reflects a disturbing pattern of repression and selective justice. We reiterate our demand for the release of all political prisoners," it said.

Rashtriya Janata Dal (RJD) MP Manoj Jha said the denial of bail raises "troubling questions".

"While it is true that constitutional courts have the power and indeed the duty to grant bail where incarceration becomes unduly long, unjustified, or disproportionate. Yet, in the case of Umar Khalid and Sharjeel, the prevailing judicial view seems to be that the time already spent in jail is still not long enough, and that the delay in trial is not yet shocking or unconstitutional," he said.

"This raises troubling questions about how much incarceration must be endured before constitutional protections are activated and achieved," he added.

The Supreme Court on Monday refused bail to activists Khalid and Imam in the 2020 Delhi riots conspiracy case but granted it to five others, citing "hierarchy of participation" and saying all accused in the case do not stand on the same footing.

Those granted bail are activists Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmad.

The February 2020 riots in northeast Delhi left 53 people dead and more than 700 injured.