Saharanpur (Uttar Pradesh) [India], January 6 : Congress MP Imran Masood reacted to the Supreme Court's verdict denying bail to activists Umar Khalid and Sharjeel Imam in the 2020 Delhi riots 'larger conspiracy' case, saying the Court has repeatedly held that bail is a fundamental right and that aspect should also be considered.
"The Supreme Court has repeatedly stated that bail is a fundamental right, so if it is a fundamental right of a person, then that should also be considered...," he told ANI.
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, and 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.
As regards the other five persons, Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan and Shadab Ahmed, accused in the conspiracy, the Supreme Court granted them liberty by observing that their continued incarceration, considering their roles as per the material on record, is not essential for the conduct of a fair trial, provided strict conditions are imposed upon their release.
However, the Court clarified that the grant of bail to these does not dilute the gravity of the allegations nor amount to any finding on guilt, rather, "it represents a calibrated exercise of constitutional discretion, structured to preserve both liberty of the individual and security of the nation."
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.