While granting six months’ bail to Abdul Khalid Saifi and Tasleem Ahmad in the Delhi riots case, the Supreme Court on Friday referred to a larger bench the matter pertaining to its earlier order denying bail to activists Umar Khalid and Sharjeel Imam in the same case.
A Bench of Justices Aravind Kumar and PB Varale, while granting interim bail to the two Delhi riots accused, made the reference to a larger Bench after Additional Solicitor General (ASG) SV Raju urged the court to relook at a recent judgment by another bench of the apex court, which held that bail should be the rule in cases registered under the Unlawful Activities (Prevention) Act (UAPA).
Earlier this month, a Division Bench of Justices BV Nagarathna and Ujjal Bhuyan, while granting bail to narco-terror accused Syed Iftikar Andrabi in a UAPA case, opined that bail should be the rule and jail the exception even in UAPA cases.
The Bench further noted that the denial of bail to Khalid in January this year appeared in conflict with the principles laid down in the KA Najeeb case, in which the Court had held that prolonged delays in trial were a ground to grant bail in UAPA cases.
During today’s hearing, ASG Raju argued that every UAPA accused cannot be granted the benefit of the ‘bail not jail’ principle. He further asked the court whether 2008 Mumbai terrorist attacks accused Ajmal Kasab would have also been granted bail.
While the Court didn’t comment on the Justice Nagarathna-led Bench’s observation, it ordered that the issue be placed before the Chief Justice of India for the formation of an appropriate Bench to decide.
“It is necessary that an appropriate bench be constituted by the CJI to clarify the law in KA Najeeb, particularly the application of 43D(5) of UAPA (stringent tests for bail),” the Court said.
Meanwhile, the Delhi High Court on Friday granted activist and former JNU student leader Umar Khalid three-day interim bail in the larger conspiracy case linked to the 2020 northeast Delhi riots, taking what it described as an “empathetic view” considering his mother’s upcoming surgery.
The Court allowed Khalid interim release from 7 am on June 1 till 5 pm on June 3 on a personal bond of Rs 1 lakh. It directed him to remain within the National Capital Region during the bail period and permitted him to travel only between his residence and the hospital.
Khalid had approached the High Court challenging a May 19 trial court order that had rejected his request for interim bail.
While granting relief, the High Court noted that Khalid had earlier been released on interim bail on several occasions for family-related events and had complied with all conditions imposed by the courts during those periods.