New Delhi: The Supreme Court on Monday (January 5) denied bail to Umar Khalid and Sharjeel Imam in the Delhi riots case. Meanwhile, the top court granted conditional bail to five other accused, Gulfisha Fatima, Meeran Haider, Shifa ur Rehman, Shadab Ahmed and Mohd Saleem Khan, in the case. A bench of Justices Aravind Kumar and NV Anjaria pronounced the verdict. On December 10, the bench had reserved the order.
The Court noted that Umar Khalid and Sharjeel Imam stand on a "qualitatively different footing" both in terms of prosecution and evidence. It noted that their roles were "central" to the alleged offences. -
The bench observed that continued pre-trial incarceration was not shown to be necessary for the five other accused, according to reports. Their release comes with standard conditions
"Article 21 occupies a central space in the constitutional scheme. Pre trial incarceration cannot be assumed to have the character of punishment. The deprivation of liberty will not be arbitrary. The UAPA as a special statute represents a legislative judgement as to the conditions on which bail may be granted in pre trial stage," the bench said as reported by CNBCTV18.
The apex court had reserved its verdict on December 10 after hearing from all the parties. During the hearing of their pleas seeking bail, the advocates who appeared for them mostly argued on the delay and the unlikelihood of the commencement of the trial. It was also stated to the court that they have been under custody for over five years in a case in which they are facing serious allegations of committing offences under the Unlawful Activities (Prevention) Act (UAPA).
The accused moved the apex court challenging a Delhi High Court order dated September 2 denying them bail.
'I heard the judgment': Umar Khali's father
Syed Qasim Rasool Ilyas, a visibly dejected father of Umar Khalid, was seen talking on the mobile phone after learning about the Supreme Court's order. He chose not to make any specific comment about the bail rejection to media persons seeking his response. "I don't want to say anything. I heard the judgment," he told reporters.
At least 53 people reportedly lost their lives in the riots. while 700 other were injured in northeast Delhi.
