SC to Hear 2020 Delhi Riots Accused’s Bail Pleas Amid UAPA Debate

The Supreme Court on Wednesday said it would hear on May 22 the bail pleas of two accused in the 2020 Delhi riots conspiracy case , amid an ongoing judicial debate over the application of the stringent Unlawful Activities (Prevention) Act (UAPA) and the principle that “ bail is the rule and jail is the exception .”

A bench of Justices Aravind Kumar and P B Varale deferred the hearing on the pleas filed by Abdul Khalid Saifi and Tasleem Ahmad after Additional Solicitor General S V Raju , appearing for the Delhi Police, sought time to make submissions in light of a recent Supreme Court ruling.

Raju referred to a judgment delivered earlier this week by a bench of Justices B V Nagarathna and Ujjal Bhuyan , which questioned an earlier order denying bail to activists Umar Khalid and Sharjeel Imam in the same conspiracy case.

The Supreme Court had recently underlined that the phrase “bail is the rule and jail is the exception” is not an “empty statutory slogan” even in prosecutions under the UAPA. The court also stressed that prolonged incarceration and delay in trial could justify bail despite the restrictions imposed under Section 43D(5) of the anti-terror law.

During the hearing, Justice Kumar questioned whether the prosecution was suggesting that a coordinate bench of the apex court had committed an error. Raju clarified that while the Delhi Police was not opposing bail for the two accused, the broader legal issue regarding bail under special laws like the UAPA may require consideration by a larger bench due to what he described as “conflicting” judgments.

The matter will now be heard today.