The Supreme Court of India has decided to reconsider the decision denying bail to Umar Khalid and Sharjeel Imam in cases registered under the Unlawful Activities (Prevention) Act (UAPA). The matter has now been referred to a larger bench following differences in judicial interpretation regarding bail provisions under the anti-terror law.
The issue will now be placed before Chief Justice Surya Kant for constitution of a larger bench to examine the legal questions involved.
On Monday, a bench led by Justice Ujjal Bhuyan had criticised the earlier ruling that denied bail to Umar Khalid, observing that bail was not granted despite prolonged delay in trial proceedings. However, on Tuesday, the bench that had earlier rejected Khalid’s plea remarked that a bench of equal strength should not make such strong observations against another coordinate bench’s verdict.
The Supreme Court clarified that the earlier judgment in Umar Khalid’s case was not intended to weaken previous rulings but rather sought to uphold the legislative intent behind the UAPA. The court stressed that the interpretation of the law and the intent of Parliament needed to be properly understood.
The development is considered significant as it could have wider implications on how courts interpret bail provisions under stringent anti-terror laws in future cases.
