SC On Omar Khalid: The Supreme Court has given an important verdict in the case related to the conspiracy of 2020 Delhi riots. The apex court has rejected the bail pleas of accused Umar Khalid and Sharjeel Imam. At the same time, five other accused named in the same case have been granted conditional bail. Umar Khalid, Sharjeel Imam and others have been charged under various sections of the Unlawful Activities (Prevention) Act i.e. UAPA and the Indian Penal Code (IPC). 53 people were killed and more than 700 people were injured in this riot.
This decision was given by Supreme Court Justice Arvind Kumar and Justice N.V. Anjariya’s back narrated. The court clearly said that the role of Umar Khalid and Sharjeel Imam cannot be compared with that of other accused. According to the court, the roles of the two are “qualitatively different” and they stand on different footings. On this basis his bail petitions were rejected.
These five accused got bail
The Supreme Court has granted bail to Meeran Haider, Gulfisha Fatima, Shifa Ur Rehman, Muhammad Shakeel Khan and Shadab Ahmed. The court has ordered the release of all of them with strict terms and conditions.
Important comments of the court
In the SC On Omar Khalid decision, the Supreme Court said that Article 21 is the fundamental basis of the Constitution and pretrial imprisonment cannot be seen as punishment. However, UAPA is a special law, which makes the conditions for pre-trial bail stricter. The court also said that speedy trial in the case is extremely important.
The Court took into account the right to equality in the case of Gulfisha Fatima, as she was the only female accused in jail for a long time. This judgment has once again intensified the debate on the balance between bail and personal liberty in UAPA cases.
