Delhi Police seeks larger SC Bench to review UAPA bail curbs
Delhi Police has urged the Supreme Court to refer the issue of UAPA bail restrictions to a larger bench, citing two conflicting judgments. This comes after the Supreme Court's May 18 ruling granting interim bail in a narco-terror case, which voiced "serious reservations" about a January 5 judgment denying bail to Umar Khalid and Sharjeel Imam. The police argue that the presumption of innocence takes a backseat under UAPA's statutory bail bar, and the issue requires consideration by a larger bench to reconcile the conflicting interpretations of Section 43D(5) of the UAPA, especially concerning prolonged incarceration and delay in trial.
Key Points
- Delhi Police has requested the Supreme Court to constitute a larger bench to review the statutory bail restrictions under the Unlawful Activities (Prevention) Act (UAPA).
- The request follows conflicting judgments regarding the interpretation of UAPA's Section 43D(5) concerning bail, particularly in cases of prolonged incarceration.
- The Supreme Court's May 18 ruling, granting interim bail in a narco-terror case, expressed reservations about a January 5 judgment that denied bail to Umar Khalid and Sharjeel Imam.
- The May 18 judgment underscored that the January 5 verdict failed to correctly apply the binding principles laid down in Union of India v. K.A. Najeeb (2021).
- The police emphasize that the presumption of innocence is often overridden by the statutory bail bar in UAPA cases, necessitating a clearer legal position.
Exam Facts
- The Unlawful Activities (Prevention) Act (UAPA) contains statutory bail restrictions, specifically Section 43D(5).
- The Supreme Court's May 18 judgment was delivered by a Bench headed by Justice Nagaratna.
- The case Union of India v. K.A. Najeeb (2021) established principles regarding prolonged incarceration and bail under UAPA.
- Umar Khalid's 15-day interim bail plea was dismissed by the Delhi Court.
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