SC expresses reservations over order denying bail to Umar Khalid
New Delhi: The Supreme Court Another division bench of the Supreme Court on Monday expressed serious reservations over the verdict of a bench denying bail to Umar Khalid in the Delhi riots case.A bench comprising Justice BV Nagarathna and Justice Ujjal Bhuiyan made these observations while allowing the bail plea of one Syed Iftikhar Andrabi, who has been in custody for over 5 years on narco-terrorism charges in a case under UAPA. “The principle that bail is the rule and jail is the exception applies even under special laws like the UAPA,” the top court said.The top court said a division bench is bound by the decision of a larger bench and Najib’s three-judge bench ruling that the accused cannot be detained indefinitely is binding on the division bench.“A broad reading of Najib suggests that mere lapse of time, if it arises out of all the surrounding circumstances, mechanically entitles an accused to acquittal,” Justice Bhuiyan said.It also states that right to freedom is not a statutory slogan but a constitutional provision to be followed in all circumstances.The apex court also expressed reservations over its January verdict barring Umar Khalid and Sharjeel Imam from seeking bail for a year.
