After Supreme Court refused to grant bail on Monday, Delhi riots prime accused Umar Khalid said he was happy and relieved for others who got bail, as he said that jail is his life now, his partner Banojyotsna Lahiri quoted him as saying.
"'I am really happy for the others, who got bail! So relieved', Umar said. 'I'll come tomorrow for Mulaqat', I replied. 'Good good, aa jana. Ab yahi zindagi hai'. #UmarKhalid" Banojyotsna posted on X.The Supreme Court on Monday refused to grant bail to activists Umar Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy matter, saying there was a prima facie case against them under the Unlawful Activities (Prevention) Act.
However, the top court granted bail to activists Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmad in the case.A bench of Justices Aravind Kumar and NV Anjaria ruled that Khalid and Imam “stand on a qualitatively different footing” from several other accused, noting that the statutory threshold under Section 43D(5) of the UAPA stands attracted in their case.
The court said it was satisfied that the prosecution material disclosed their “prima facie roles to the extent of planning and organisation”, and therefore, at this stage, did not justify their enlargement on bail.Emphasising that offences concerning national security require a distinct bail framework, the bench observed, “Offences regarding security of the nation require a different bail regime under the Act.”
It added that if prosecution allegations are found to be prima facie true, “incarceration prevails”, but if they do not meet the threshold, bail should follow.The February 2020 riots in northeast Delhi left 53 people dead and more than 700 injured.According to the court, delay in trial does not operate as a "trump card" which automatically displaces statutory safeguards.All seven accused were booked under the stringent anti-terror UAPA and provisions of the Indian Penal Code (IPC) for allegedly being the "masterminds" of the riots.
Imam was arrested on January 28, 2020, for speeches made during anti-CAA protests. He was later arrested in a larger conspiracy case in August 2020. Khalid was arrested on September 13, 2020.According to Section 16 of the UAPA, "Whoever commits a terrorist act shall, if such act has resulted in the death of any person, be punishable with death or imprisonment for life, and shall also be liable to fine."
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