In Focus

How the Supreme Court’s differential approach to bail for Umar Khalid and Sharjeel Imam undermines binding precedent on bail and personal liberty

In both the Bhima Koregaon and Delhi riots cases, a wrongful invoking of UAPA and obdurate refusal to follow precedent on delay in trial, raise legitimate questions on the independence of the judiciary.

The Court noted that the material placed on record disclosed prima facie allegations of a central and directive role against Khalid and Imam.

Justice Aravind Kumar questioned how a mere speech would fall under the definition of a “terrorist act” as defined under the UAPA.

With all defence submissions now complete, the Court will hear ASG Raju’s reply on Wednesday.

With Prof. Babu being granted bail, twelve persons arrested in the Bhima Koregaon case are now out on bail.

The Court adjourned the hearing due to paucity of time and posted the matter to Tuesday, December 9.

The Delhi Police, in its affidavit opposing the bail pleas, described the February 2020 violence as a “deep-rooted, premeditated and orchestrated conspiracy.”