The Supreme Court criticised its own January verdict that denied bail to activists Umar Khalid and Sharjeel Imam in the Delhi riots conspiracy case. It observed that “bail is the rule and jail is an exception” even in cases under the Unlawful Activities Prevention Act.
The observation was made by a bench of Justices BV Nagarathna and Ujjal Bhuyan while hearing a man’s petition against the Jammu and Kashmir High Court refusing him bail in a narco-terror case under the anti-terror law.
In January, the court ordered Khalid and Imam to file fresh bail applications after the witnesses in the case had been examined or after one year.
On Monday, the bench said that it had failed to correctly apply the binding principles laid down by a three-judge bench in a 2021 case recognising that prolonged incarceration and delay in trial can override the statutory restrictions on bail under the Act.
The January order asking Khalid and Imam to file fresh petitions later violates constitutional guarantees of the right to personal liberty, the bench said. Read on.
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