New Delhi [India], January 5 : The Communist Party of India (Marxist) on Monday criticised the Supreme Court's decision to deny bail to Umar Khalid and Sharjeel Imam, saying the continued incarceration of the two under the Unlawful Activities (Prevention) Act (UAPA) for over five years without trial or conviction "violates principles of natural justice."
In a post on X, the CPI (M) said prolonged pre-trial detention undermines the constitutional right to liberty and a speedy trial, reiterating that "bail is the rule, not jail."
The party described the UAPA as a "draconian" law and alleged that it was used to target dissenting voices.
"The Supreme Court's denial of bail to #UmarKhalid and #SharjeelImam, who have spent over five years in jail under the draconian #UAPA without trial or conviction, is against the principles of natural justice. Prolonged pre-trial incarceration violates the fundamental principle that bail is the rule, not jail, and undermines the constitutional right to liberty and a speedy trial. The continued use of UAPA to target dissenting voices reflects a disturbing pattern of repression and selective justice. We reiterate our demand for the release of all political prisoners," it posted on X.
This comes after the Supreme Court on Monday denied bail to Umar Khalid and Sharjeel Imam in a case pertaining to an alleged larger conspiracy behind the 2020 north-east Delhi riots.
However, the SC granted bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmad.
The Court noted that Umar Khalid and Sharjeel Imam stand on a "qualitatively different footing" both in terms of prosecution and evidence.
It noted that their roles were "central" to the alleged offences. As regards these two, though the period of incarceration is continued and long, it does not violate the Constitutional mandate or override the statutory embargo under the laws.
Umar Khalid, Sharjeel Imam and others were arrested in January 2020 under the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) in the Delhi riots case in February 2020.
The violence had erupted during the protests against the then-proposed Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) and had left 53 people dead and over 700 injured.