Key facts
- Activists Umar Khalid and Sharjeel Imam have filed fresh bail applications in a Delhi court.
- They argue their prolonged detention without trial violates their fundamental right to personal liberty.
Activists Umar Khalid and Sharjeel Imam have filed fresh bail applications in a Delhi court, arguing their prolonged detention without trial violates their rights. Both have spent nearly six years in custody since their arrest in connection with the 2020 northeast Delhi riots.
The case highlights the legal challenges and delays in prosecuting individuals under stringent anti-terror laws, raising questions about the balance between national security and the right to a speedy trial.
Activists Umar Khalid and Sharjeel Imam have filed fresh bail applications in a Delhi court, arguing that their continued detention without trial infringes upon their fundamental right to personal liberty. Both have spent nearly six years in custody since their arrest in connection with the 2020 northeast Delhi riots.
The applications were filed before Additional Sessions Judge Sumedh Saini after the Supreme Court previously declined to grant them bail in the case registered under the Unlawful Activities (Prevention) Act (UAPA). The court has sought a response from Delhi Police and scheduled the matter for hearing on July 4.
Imam's application highlights that there has been no meaningful progress in the proceedings in the six months since the Supreme Court's order and points out his nearly six-year incarceration without charges being framed. He also cited subsequent Supreme Court rulings that clarified the legal position on granting bail in UAPA cases involving extended detention periods. Imam further stated he was not in Delhi after the second week of January 2020 and was already in custody for another matter before the riots broke out.
Khalid's plea similarly cites prolonged incarceration and delays, noting his close to six years behind bars without charges being framed. His application suggests the trial is unlikely to begin soon due to the large number of accused, witnesses, and documents. Khalid also referred to Supreme Court observations in a May 18 order, which underscored that anti-terror laws should not be used for indefinite detention, arguing these subsequent judicial developments constitute a 'change in circumstances' making a fresh bail application maintainable.
Both activists rely on Supreme Court judgments, including Union of India vs K A Najeeb and Vernon Gonsalves vs State of Maharashtra, to argue that UAPA bail restrictions cannot override constitutional guarantees when a trial is unlikely to conclude within a reasonable period. In January, the Supreme Court denied bail to Khalid and Imam but granted relief to co-accused Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan, and Shadab Ahmad, noting a prima facie case under UAPA existed against Khalid and Imam and observing differing levels of alleged involvement among the accused.
Khalid, Imam, and several others are charged under UAPA and the Indian Penal Code for allegedly conspiring in the February 2020 riots, which erupted during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC), resulting in 53 deaths and over 700 injuries.