SC voices 'reservations' on its own bail decision, citing indefinite incarceration concerns
The Supreme Court expressed "serious reservations" about its January judgment refusing bail to Umar Khalid and Sharjeel Imam in the Delhi riots conspiracy case, particularly regarding the precluding of their right to seek bail for a year. The court's self-reproach, made while granting bail in a narco-terrorism case, emphasized that an accused cannot be indefinitely incarcerated merely because the state satisfies the low bar to refuse bail under UAPA. Justice Ujjal Bhuyan highlighted that "bail is the rule and jail is the exception" is a constitutional principle flowing from fundamental rights, speedy trial, and freedom from arbitrary arrests. He stressed that Section 43-D(5) of UAPA, which sets a low bar for bail denial, must be "muted" by constitutional courts and remains subordinate to Article 21, protecting personal liberty.
Key Points
- The Supreme Court expressed serious reservations about its previous judgment denying bail to Umar Khalid and Sharjeel Imam in the Delhi riots conspiracy case.
- The court criticized the indefinite incarceration of accused individuals, especially when a timely trial is not possible, and highlighted the need for constitutional courts to "mute" draconian bail provisions.
- Justice Ujjal Bhuyan reiterated that "bail is the rule and jail is the exception" is a fundamental constitutional principle derived from fundamental rights.
- The judgment emphasized that Section 43-D(5) of the UAPA, which allows bail denial on a "prima facie" case, is subordinate to Article 21 (Right to Life and Personal Liberty).
- The court expressed concern that previous verdicts had "hollowed out" personal liberty against state abuse.
Exam Facts
- The case involved former JNU student leader Umar Khalid and co-accused Sharjeel Imam.
- They were booked under the Unlawful Activities (Prevention) Act (UAPA).
- Justice Ujjal Bhuyan authored the judgment.
- Section 43-D(5) of the UAPA and Article 21 of the Constitution were key legal provisions discussed.
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