The Supreme Court has granted six months’ interim bail to Delhi riots accused Tasleem Ahmed and Khalid Saifi in the larger conspiracy case under the Unlawful Activities (Prevention) Act (UAPA). The court referred the question of whether prolonged incarceration and trial delay can justify bail to a larger bench. Different benches of the apex court have expressed divergent views on the interpretation of a three-judge bench ruling in a previous case.
The bench highlighted that Article 21 and the right to speedy trial remain relevant considerations even in cases under the UAPA. It emphasized the need for clarity in the law regarding personal liberty, national security, and statutory restrictions on bail. The court cautioned against a rigid application of Section 43D(5) without considering prolonged incarceration, stating that it could endanger Article 21.
The order for interim bail came after the Centre’s law officer pointed out discrepancies in how different benches were applying a previous judgment in UAPA bail matters. The court granted bail to the appellants for six months, considering their substantial incarceration and the likelihood of a delayed trial. Several conditions were imposed on the interim bail, including a personal bond, surrendering passports, and refraining from making public statements on the case.
The court directed the trial court to proceed with the case promptly and urged both the prosecution and accused to cooperate for expeditious proceedings. It emphasized the importance of resolving the legal question at hand without prolonging the appellants’ incarceration.
