SC grants interim bail to two Delhi riots accused, refers question of law to larger bench

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.

A bench of Justices Aravind Kumar and P B Varale 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 activists Umar Khalid and Sharjeel 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.

The bench granted interim bail to two Delhi riots accused Abdul Khalid Saifi and Tasleem Ahmad for six months, subject to certain conditions.

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It said that the prosecution may seek cancellation of bail for the two if the conditions imposed by the courts are violated.

The bench directed that the matter be placed before Chief Justice of India (CJI) Surya Kant for the constitution of an appropriate bench for an authoritative pronouncement on the question of law.