SC Grants Interim Bail Khalid Saifi And Tasleem Ahmad, Refers UAPA Bail Issue To Larger Bench

The Supreme Court on Friday granted six months’ interim bail to Delhi riots accused Abdul Khalid Saifi and Tasleem Ahmad, while referring to a larger bench the question of whether prolonged incarceration and delay in trial can override statutory restrictions on bail under anti-terror laws such as the Unlawful Activities (Prevention) Act, 1967.

According to PTI, a bench of Justices Aravind Kumar and P B Varale directed that the matter be placed before Chief Justice of India Surya Kant for constitution of an appropriate bench for an authoritative pronouncement on the question of law.

The Delhi Police had sought reference of the issue 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 UAPA.

Reported PTI, the bench declined to comment on the recent verdict delivered by a bench headed by Justice B V Nagarathna, which criticised the January 5 judgement denying bail to activists Umar Khalid and Sharjeel Imam.

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 and the role ascribed to them, and not because Article 21 was considered subordinate.

PTI reported that Saifi and Ahmad were granted interim bail for six months, subject to certain conditions. The bench said the prosecution may seek cancellation of bail for the two if the conditions imposed by the courts are violated.

(With inputs from PTI)