New Delhi, 13 April (H.S.):
Umar Khalid, accused of masterminding the Delhi riots conspiracy, has filed a review petition in the Supreme Court contesting the rejection of his bail application. On Monday, senior advocate Kapil Sibal mentioned the matter before a bench presided by Justice Arvind Kumar, urging an open court hearing, to which the court assured consideration sans formal directive.
On January 5, the Supreme Court had dismissed Khalid and Sharjeel Imam's bail pleas, delineating their roles as distinct from co-accused—portraying them as architects of the alleged conspiracy.
The apex court mandated Delhi Police to record all witness statements within a year, post which Khalid and Imam may reapply for bail, affirming their central involvement. Prolonged pretrial detention, it ruled, contravenes no constitutional provision; national security cases preclude leveraging trial delays as trumps.
Article 21 holds sacrosanct stature, yet pretrial custody constitutes no punishment.
Under UAPA Section 15, acts intended to threaten security or foment terror qualify as terrorist activity. Records evince disparate accused positions, necessitating individualized scrutiny; the State may justify extended detention thereunder.
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Hindusthan Samachar / Jun Sarkar
