Opinion | Khalid & Imam: Has The Supreme Court Rewritten Bail Jurisprudence?
Delhi riots accused Sharjeel Imam and Umar Khalid have been denied bail. It is fair to say that the Supreme Court’s decision rejecting the fervent bail pleas filed by Imam and Khalid came as a surprise.
Of late, in 2024 and 2025, the top court had clarified that even under strict statutes like the Unlawful Activities (Prevention) Act (UAPA) or the Prevention of Money Laundering Act (PMLA), constitutional courts retain the discretion to grant bail if trial delays are undue or if allegations lack a prima facie basis. In Imam and Khalid’s case, pre-trial detention was a serious constitutional concern. The duo had already spent five years in prison. Time lost in jail can never be gained back.
So, the expectation was that the Supreme Court would relent and release the duo. But clearly, the apex court had other ideas.
It denied the duo bail, observing that “where the prosecution has placed prima facie material of deliberate action........
