A Delhi court has turned down the latest bail applications submitted by activists Umar Khalid and Sharjeel Imam, who are implicated in the conspiracy surrounding the Delhi riots. The decision was rendered by Additional Sessions Judge (ASJ) Sameer Bajpai.
Background of the Case
Khalid and Imam sought bail from the sessions court following a Supreme Court bench’s critique of another apex court bench’s decision to deny them bail. Their plea emphasized that over six months have lapsed since the Supreme Court’s ruling against their bail, yet there has been no significant headway in the trial, with arguments regarding charges remaining unfinished. The defendants have been detained for almost six years.
Legal Arguments Presented
Senior Advocate Trideep Pais, representing Umar Khalid, contended that in light of the Supreme Court’s decision in the Andrabi case—which questioned the grounds for withholding bail from Khalid and Imam—Khalid deserves to be released on bail. According to Pais, the restriction preventing Khalid and Imam from submitting a new bail application for a year or until the examination of witnesses is not applicable.
On behalf of Sharjeel Imam, Advocate Talib Mustafa argued that the imposition of a one-year restriction on filing for bail should also be evaluated by a larger Supreme Court bench. Mustafa highlighted that other defendants in the case have benefited from the matter’s referral to a larger bench.
Prosecution’s Stand
Representing the Delhi Police, counsel argued that until a larger bench of the Supreme Court provides clarity, the findings, directions, or restrictions imposed by the Supreme Court remain binding. The counsel further noted, “If they are aggrieved, if they have any issue, they could have very well approached the SC and sought clarifications. The appropriate forum was Hon’ble Supreme Court. Once the SC passed the judgement this court cannot…”
