The continued custody in Delhi Riots cases, an injustice, Pg6

Key Highlights:

• On January 5, 2026, the Supreme Court granted bail to five individuals but denied it to Umar Khalid and Sharjeel Imam in the Delhi Riots ‘Larger Conspiracy’ Case.
• The seven students and activists were arrested for alleged involvement in the 2020 Delhi riots following protests against the Citizenship (Amendment) Act, 2019.
• The accused had spent over five years in jail without trial, raising concerns about the right to a speedy trial under Article 21 of the Constitution.
• The court denied bail to Umar Khalid and Sharjeel Imam, accusing them of "conceptualising" or orchestrating the riots, a reasoning the author finds unconvincing.

Detailed Insights:

• The right to a speedy trial is a constitutionally guaranteed right, and the court has previously stated that the state cannot object to bail if a trial isn't guaranteed within a reasonable time.
• The court's reasoning for denying bail to Umar Khalid and Sharjeel Imam is based on accusations, not convictions, and the right to a speedy trial should apply to everyone, regardless of accusations.
• The court cited delays caused by the accused, but the author argues that judges control courtroom proceedings and can refuse adjournment requests.
• Section 15 of the UAPA defines terrorism, and the court's broad interpretation of "by any other means" is problematic as it gives the state vast discretion in determining which protests fall under the UAPA.
• Section 43(D)(5) of the UAPA makes bail difficult to grant if there is a "prima facie" case against the accused, linking it closely to the substantive provisions of the UAPA.
• The author contends that the court's scrutiny of the prosecution's case is too deferential, especially considering the lack of direct evidence against Umar Khalid and Sharjeel Imam.
• Allegations of conspiracy should be scrutinized, not deferred to, and the absence of direct evidence should not lead to endless imprisonment without trial.

Key Concepts Involved:

• Article 21: Guarantees the right to life and personal liberty, including the right to a speedy trial.
• UAPA (Unlawful Activities (Prevention) Act): A law aimed at preventing unlawful activities and addressing terrorism, with stringent provisions for bail.
• Prima Facie: Latin term meaning "on its face" or "at first look," referring to evidence sufficient to establish a fact unless disproven.