Umar Khalid and Sharjeel Imam Petition Supreme Court for Bail
Activists challenge prolonged detention as Supreme Court clarifies strict police custody time limits.
1Renewed Bail Petitions Filed
Activists Umar Khalid and Sharjeel Imam have formally approached the Supreme Court seeking bail in the 2020 Delhi riots conspiracy case. They are challenging a September 30 Delhi High Court order that previously denied their release. The trial for the pair has yet to commence after nearly seven years of imprisonment.
2Stalled Judicial Proceedings
Sharjeel Imam reports he has spent six years and nine months in jail as an undertrial. His petition highlights that the prosecution has failed to examine any of the 47 protected witnesses. With over 900 witnesses remaining, the defense argues that continued incarceration violates their fundamental right to life and liberty.
3Judicial Discipline Constraints
The Delhi High Court rejected previous bail pleas, citing judicial discipline regarding a January 5 Supreme Court order. That ruling denied bail to Khalid and Imam while granting relief to five co-accused. The court had stipulated that the pair could reapply only after witness examinations concluded or one year had passed.
4Bail Versus Jail Principles
On May 18, a Supreme Court bench criticized the January order, emphasizing that bail remains the rule while jail is the exception, even under the anti-terror law UAPA. Despite this observation, the specific conditions set for Khalid and Imam have kept them detained without a trial for several years.
5New Custody Clock Ruling
In a separate but significant development, the Supreme Court ruled that the 24-hour limit for police to produce a suspect before a magistrate begins at the moment of initial detention. Justices Ujjal Bhuyan and Atul S. Chandurkar declared that distinguishing between formal arrest and informal detention is unconstitutional and problematic.
6Preventing Arbitrary Police Practice
The court ordered that any person held beyond 24 hours without magistrate oversight must be released, excluding only necessary travel time. Magistrates are now required to record the exact time of initial detention. This measure aims to stop police from holding individuals indefinitely before officially logging an arrest in records.
7Systemic Custodial Concerns
The Supreme Court’s recent focus on detention practices follows broader concerns regarding police conduct. Data from the National Human Rights Commission indicates 11,656 deaths occurred in police or jail custody between 2016 and 2022. The court has ordered its latest judgment to be distributed to all state police chiefs nationwide.
8Legal Precedent and Outlook
The Supreme Court’s intervention in detention timelines signals a stricter oversight of investigative procedures. While Khalid and Imam await their hearing, the judiciary is increasingly scrutinizing the balance between state security powers and individual rights. The outcome of their bail plea will test the application of these evolving legal standards.
Original article: DW – Top Stories — Umar Khalid and Sharjeel Imam Petition Supreme Court for Bail