The Supreme Court on Friday questioned the prolonged custody of activists Umar Khalid and Sharjeel Imam, observing that the two have spent over five years in jail without their trial beginning in the 2020 Delhi riots conspiracy case. The court sought to know why proceedings under the Unlawful Activities (Prevention) Act (UAPA) had not moved forward despite repeated hearings and reminders to the Delhi Police.
During the hearing, senior advocates Kapil Sibal and A.M. Singhvi argued that the accused were victims of systemic delay rather than guilt. They highlighted that 55 court days were lost because the presiding judge was on leave, 59 due to absent prosecutors, and 11 to administrative lapses. “Bail is the rule and jail the exception,” Mr. Sibal reminded the bench, stressing that extended pre-trial detention violates the right to liberty.
The defence noted that the hearing on charges began only in September 2024, four years after the chargesheet was filed, and has since been repeatedly adjourned. They also pointed out that some accused were not even present in Delhi during the violence, and no weapons or incriminating materials were recovered.
Reprimanding the Delhi Police for delays in filing replies to the bail pleas, the bench remarked that five years of custody without trial raises serious constitutional concerns over the right to a speedy trial. The case will now be heard again on November 3.
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