UAPA
No bail for Indian activists after five years in jail without trial https://www.bbc.com/news/articles/cd0ye2z33x9o
दिल्ली दंगा मामले में पाँच को ज़मानत, मगर उमर-शरजील को नहीं मिली बेल https://www.youtube.com/watch?v=4SZ7UA4PtMs
Delhi riots case:Why SC denied bail to Umar Khalid & Sharjeel Imam, while granting it to 5 others https://www.youtube.com/watch?v=_mbt7fkxtnk Transcript excerpts: Supreme Court bench of justices Arvind Kumar and Envy Anjaria noted that pre-trial detention cannot become indiscriminate but Omar Khaled and Sharil Imam stand on a separate footing as against the others in this case. It also said that each appeal was individually examined as all accused do not stand as equal. . It also clarified that it has consciously avoided adopting a collective or a unified approach while examining their bail please.
the court said that it is satisfied that the prosecution material disclosed a primafacie allegation against the appellants Omar Khaled and Sharil
Imam. the statutory threshold stands attracted Quadi's appeal. The stage of proceedings do not justify their enlargement on bail
end quote.
Today, the bench observes that the grant of bail ( to the others )does not amount to a dilution of these allegations leveled against them.
NO MERCY AT ALL! EVIDENCES ARE VALID- SC DENY BAIL TO KHALID AND SHARJEEL https://www.youtube.com/watch?v=FbstpwyOM-k
Speedy trial is Umar-Sharjeel’s right https://www.tribuneindia.com/news/comment/speedy-trial-is-umar-sharjeels-right/ Justice Madan B Lokur
An accused person is entitled, as per provisions of the Criminal Procedure Code (CrPC, which was in force at that time), access to all the material and documents relied on by the prosecution in the chargesheet. In all fairness, the chargesheets, with all documents, should have been handed over to all the accused persons simultaneously with their filing. For reasons best known to the prosecution, compliance with the statutory mandate was recorded by the trial judge only on August 5, 2023 — about three years later. Meanwhile, the prosecution kept filing supplementary chargesheets one after another, with the fourth one on June 7, 2023.
Is the prosecution serious about this case? Umar and Sharjeel have been accused of grave offences, a larger conspiracy including a terrorist act resulting in the death of a large number of people, trying to engineer regime change and internationalise the protest against the Citizenship (Amendment) Act during the visit of the US President.
Surely, this was a case that should have been decided within six months and not one where documents were supplied to the accused after three years.
THE DANGEROUS IMPLICATIONS OF THE SUPREME COURT JUDGMENT DENYING BAIL TO UMAR KHALID AND SHARJEEL IMAM https://pucl.org/wp-content/uploads/2026/01/18Jan2025-PUCL-Position-Paper-SCUmarSHarjeel.pdf 18th Jan 20026
the judgment indicates that the Supreme Court has given the supreme imprimatur to the criminalisation of the constitutional freedoms of
speech, association and assembly, especially when exercised by Muslim citizens of India. It also lays down a troubling interpretation of the UAPA with serious implications for the future of the constitutional freedoms of speech, association and assembly.
PUCL states that the Supreme Court judgment, which has ignored set precedent and broadened the scope of terrorism under UAPA to include acts of civil disobedience and democratic protest by citizens, requires judicial review and scrutiny. UAPA has been systematically used against political dissenters and protesting citizens since its enactment. The amendments over the last decade have made the provisions even more draconian, leading to denial of bail in most cases, even where no or questionable evidence exists
Please see the full video of PUCL Dialogues on the issue. https://www.youtube.com/watch?v=x4uASZySICY&pp=0gcJCU8KAYcqIYzv
A group of US lawmakers have expressed their concern over the prolonged pre-trial detention of student activist and scholar Umar Khalid and have written to Vinay Mohan Kwatra , the Indian Ambassador in Washington, over the issue.
Urging that Khalid be granted bail, in their letter, the Members of the US Congress and the US Senate said that Khalid’s confinement in jail for almost five years “raises serious questions about due process, human rights and India’s obligations under international law”, reported The Tribune.
02/01/2026
Allegations Not Prima Facie Correct, Long Pre-Trial Custody' : Supreme Court Grants Bail To UAPA Accused In Case Over PFI-Links https://www.livelaw.in/supreme-court/allegations-not-prima-facie-correct-long-pre-trial-custody-supreme-court-grants-bail-to-uapa-accused-in-case-over-pfi-links-278672 Yash Mittal 18 Dec 2024
https://www.thehindu.com/news/national/courts-should-not-hesitate-to-grant-bail-under-uapa-in-deserving-cases-supreme-court/article68522270.ece https://timesofindia.indiatimes.com/india/bail-rule-jail-exception-even-in-special-law-like-uapa-supreme-court/articleshow/112504869.cms In an important ruling, Supreme Court Tuesday held that the conventional idea ‘bail is the rule, jail is an exception’ should be applicable not only to IPC offences but also to others for which special statutes like Unlawful Activities (Prevention) Act have been enacted if the conditions prescribed under that law are fulfilled.
While granting bail to a former constable of Bihar Police who was charged under the stringent UAPA because of his alleged association with the outlawed Islamist outfit Popular Front of India (PFI), a bench of Justices Abhay S Oka and Augustine George Masih emphasised that courts should not hesitate in granting bail in serious offences if a case is made out for bail.
Supreme Court cancels bail granted to 8 ‘PFI members’ in UAPA case https://indianexpress.com/article/india/pfi-nia-uapa-case-supreme-court-9345006/ May 24, 2024 Booked by the National Investigation Agency, the eight alleged members of the banned Popular Front of India were granted bail by the Madras High Court on October 19, 2023.
