The Supreme Court, on Friday, granted interim bail of six months to two Delhi riots accused, while referring to a larger bench, the question of law on whether prolonged incarceration and delay in trial can override the statutory restrictions on bail raised in connection with denying bail to Umar Khalid and Sharjeel Imam in the case.
A bench of Justices Aravind Kumar and P.B. Varale granted bail for Tasleem Ahmed and Khalid Saifi, but refused to comment on the recent verdict given by a bench headed by Justice B.V. Nagarathna, in which it criticised the January 5 verdict denying bail to Khalid and Imam.
The Delhi Police has sought reference of the question of law to a larger bench on whether prolonged incarceration and delay in trial can override the statutory restrictions on bail under anti-terror laws such as the Unlawful Activities (Prevention) Act, 1967 (UAPA).
The bench justified the denial of bail to Khalid and Imam in the Delhi riots case, saying it was based on an accused-based evaluation, role ascribed to them and not that Article 21 was considered subordinate.
"Most probably, we will consider granting relief. However, we will look into the arguments made on behalf of Delhi Police for reference of the question of law to the larger bench," the bench observed.
Earlier in the day, the Delhi High Court granted three-day interim bail to Khalid from June 1 to June 3 to enable him to meet his mother, who has to undergo a surgery.
The bench noted that the Supreme Court rejected Khalid's regular bail plea on January 5 but granted him the reprieve by taking an "empathetic view."
"Taking an empathetic view, this court is inclined to grant him interim bail for three days from June 1 to June 3 to enable the appellant to spend time with his mother," the court concluded.
Khalid was booked under the Unlawful Activities (Prevention) Act (UAPA) for being one of the "masterminds" of the February 2020 riots that had left 53 people dead and more than 700 injured.
The violence had erupted during protests against the Citizenship (Amendment) Act (CAA), 2019, and the National Register of Citizens (NRC).
Activists Sharjeel Imam, Khalid Saifi and former Aam Aadmi Party (AAP) councillor Tahir Hussain, among others, were also booked for their alleged involvement in the larger conspiracy case, which is being investigated by the Delhi Police's Special Cell.