Delhi Court Deliberates Bail for Sharjeel Imam and Umar Khalid
A Delhi court has reserved its decision regarding the bail applications of Sharjeel Imam and Umar Khalid, who are implicated in the conspiracy case related to the Delhi Riots of 2020. Additional Sessions Judge Sameer Bajpai announced that the verdict would either be delivered by the evening or on the upcoming Monday, July 6.
The bail requests by Imam and Khalid follow a recent observation by a Supreme Court bench, which questioned the prior denial of bail to them by another Supreme Court bench. Their applications stress that despite more than six months passing since the Supreme Court’s initial judgment, which refused bail, the trial proceedings have seen little progress, with arguments on charges still incomplete. Both have been incarcerated for nearly six years concerning this case.
Umar Khalid’s Case: Re-evaluation of UAPA Bail Principles
Senior Advocate Trideep Pais, representing Umar Khalid, argued that the Supreme Court’s decision in the Andrabi case, where the rationale for denying bail to his client and Imam was scrutinized, grants Khalid a basis to seek bail. Pais further contended that the restrictions preventing Khalid and Imam from applying for fresh bail for a year, or until witness examinations conclude, should not be applicable.
Meanwhile, Advocate Talib Mustafa, who represents Sharjeel Imam, highlighted that the legitimacy of imposing a year-long restriction on filing for bail is under consideration by a larger Supreme Court bench. Mustafa pointed out that other accused in this case have benefitted from this referral to a larger bench.
Delhi Police’s Position and Supreme Court’s Authority
The counsel representing the Delhi Police maintained that until the larger Supreme Court bench provides further clarity, the existing findings, directions, and restrictions imposed by the Supreme Court remain binding. “If they are aggrieved or have any issues, they could have approached the Supreme Court for clarifications. The Hon’ble Supreme Court is the proper forum. Once the SC passed the judgment, this court cannot…,” the counsel stated.
