Supreme Court Questions Denial of Bail to Umar Khalid, Sharjeel Imam A Supreme Court bench on May 18, 2026, expressed reservations about a previous order denying bail to activists Umar Khalid and Sharjeel Imam, who have been in custody since 2021 on charges related to the Delhi communal violence of 2020. The court’s decision to allow bail for Syed Iftikhar Andrabi, another accused in a Unlawful Activities Prevention Act (UAPA) case, highlighted concerns over the application of legal precedents in similar cases. The bench, comprising Justices B.V. Nagarathna and Ujjal Bhuyan, criticized the earlier ruling that rejected bail for Khalid and Imam, who were arrested in January 2021. The denial followed a prolonged investigation into alleged conspiracy linked to the 2020 violence, during which the Delhi Police has accused them of orchestrating communal unrest. In contrast, the court granted bail to five other accused, including Gulfisha Fatima and Meeran Haider, while rejecting the pleas of Khalid and Imam. The justices emphasized that the earlier ruling failed to adhere to a 2021 Supreme Court judgment in Union of India v. KA Najeeb, which established that prolonged pre-trial detention under the UAPA should be a factor in granting bail. The bench noted that the 2024 Gurwinder Singh v. Union of India case did not follow this precedent, raising questions about judicial consistency. Justice Bhuyan stated that a smaller bench cannot disregard the rulings of a larger bench, stressing the importance of adhering to established legal principles. The court also dismissed the argument that a 2019 judgment in NIA v. Zahoor Ahmed Shah Watali could justify extended detention under the UAPA. It reaffirmed that bail is the norm under the law, with incarceration being an exception.#delhi #supreme_court #unlawful_activities_prevention_act #umar_khalid #sharjeel_imam
