Overview
- On January 5, the Supreme Court rejected bail for Umar Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy case under the UAPA.
- The Bench of Justices Aravind Kumar and N. V. Anjaria granted bail to five co-accused, finding their alleged roles were facilitative and derivative rather than directive.
- The Court held that personal liberty under Article 21 is not absolute in UAPA matters and that Section 43D(5) continues to apply where accusations appear prima facie true.
- Prolonged incarceration was acknowledged as a constitutional concern, yet delay alone did not override the statute; Khalid and Imam may reapply after protected witnesses are examined or after one year.
- The judges said sustained road blockades causing systemic disruption can prima facie qualify as terrorist acts, a reading critics including Vrinda Grover and Amnesty International warn could criminalise dissent.