Liberty On Hold: Bail, Delay And The Cost Of Deferred Justice

The Supreme Court’s decision to deny bail to Umar Khalid and Sharjeel Imam, while granting relief to five other co-accused in the 2020 Northeast Delhi riots “larger conspiracy” case, has once again brought into focus the uneasy balance between national security laws and personal liberty.

The court has, no doubt, articulated its reasons at length, emphasising that each accused must be assessed independently and that delay in trial cannot automatically justify bail under the stringent provisions of the Unlawful Activities (Prevention) Act.

It is equally true that the court has not shut the door entirely. Khalid and Imam have been given the liberty to apply for bail again after one year or after the examination of protected........

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