Why Did the SC Deny Bail to Umar Khalid and Sharjeel Imam?
Synopsis
Key Takeaways
- The Supreme Court denied bail to Umar Khalid and Sharjeel Imam, citing evidence of their alleged involvement in a conspiracy.
- Ashwani Kumar emphasized the need to respect constitutional principles regarding bail.
- The ruling highlights the necessity for individualized assessments in legal decisions.
- Five other accused were granted bail, indicating a distinction in the court's evaluation.
- Concerns over prolonged detention without conviction were raised.
New Delhi, Jan 5 (NationPress) In light of the Supreme Court's ruling against granting bail to student activists Umar Khalid and Sharjeel Imam, who are implicated in the 2020 Delhi riots, former Union Minister for Law and Justice Ashwani Kumar remarked that the apex court has evidently differentiated between the accused, presumably based on substantial reasoning.
In an interview with IANS, Kumar stated, “Libertarians across the nation may find this disheartening. The essence of our Constitution leans towards libertarian values, where bail is the norm and incarceration is the exception. Nevertheless, if the Hon’ble Supreme Court has opted to distinguish between the accused—offering bail to some while denying it to the key accused—it is reasonable to assume that there must be compelling reasons for that.
Kumar further expressed concerns regarding the implications of prolonged detention without a conviction.
“Generally speaking, enduring incarceration without a conviction contradicts the spirit of the Constitution. However, the court has evidently made a distinction, indicating that it identified varying grounds across different cases. A comprehensive analysis of the judgment will provide deeper insights,” he conveyed to IANS.
Earlier today, the Supreme Court rejected the bail requests of Khalid and Imam, referencing adequate evidence presented by the prosecution indicating their alleged participation in a criminal conspiracy related to the 2020 north-east Delhi riots. Conversely, the apex court granted bail to five other accused individuals in the case: Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan, and Shadab Ahmed.
All seven individuals contested the earlier Delhi High Court ruling that denied them bail under the strict provisions of the Unlawful Activities (Prevention) Act (UAPA). This case pertains to the alleged broader conspiracy behind the violence that erupted in parts of Delhi during February 2020.
A bench led by Justice Aravind Kumar issued a detailed ruling before announcing the decision. While dismissing the bail applications of Khalid and Imam, the Supreme Court affirmed that the prosecution provided sufficient evidence indicating their involvement in the alleged conspiracy.
The court emphasized that bail determinations should rely on the specific roles assigned to each accused.
"Umar Khalid and Sharjeel Imam occupy a fundamentally different position compared to other accused," stated the bench.
"The degree of involvement necessitates the court to evaluate each application individually."