New Delhi:
The Supreme Court on Tuesday declined to grant bail to student activists Umar Khalid and Sharjeel Imam, who are accused in cases linked to the 2020 Delhi violence. The court observed that the seriousness of the allegations and the stage of the trial did not warrant bail at this point.
Court’s observations
A bench of the Supreme Court said that while the right to personal liberty is important, it must be balanced against the nature of the charges and the evidence placed on record. The judges noted that the cases involve allegations of conspiracy and public disorder, which require careful judicial scrutiny during trial.
Arguments by the defence
Counsel for the accused argued that both Umar Khalid and Sharjeel Imam have spent a prolonged period in custody without conviction. They maintained that the charges were based largely on speeches and digital material, and that continued incarceration amounted to punishment before trial.
Stand of the prosecution
The prosecution opposed the bail pleas, stating that the accused played a significant role in mobilising protests that allegedly escalated into violence. It argued that releasing them on bail could affect witnesses and the larger investigation.
Trial to continue
The Supreme Court clarified that its refusal to grant bail does not amount to a verdict on guilt or innocence. The trial courts have been directed to proceed with the cases in accordance with law and ensure that hearings are conducted without unnecessary delay.
Background
Umar Khalid and Sharjeel Imam were arrested under stringent provisions, including the Unlawful Activities (Prevention) Act (UAPA), in connection with separate but related cases stemming from the Delhi riots of February 2020.
What lies ahead
Legal experts say the focus will now shift to the pace of the trial, as prolonged incarceration without conclusion of proceedings continues to raise broader questions on bail jurisprudence and civil liberties.
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