SC objects to order denying bail to Umar Khalid
New Delhi: The Supreme Court On Monday, it expressed serious objection to the judgment given by another division bench of the apex court which had refused to grant bail to Umar Khalid in the Delhi riots case.A bench of Justices BV Nagarathna and Ujjwal Bhuyan made these observations while allowing the bail plea of Syed Iftikhar Andrabi, who has been in custody for over 5 years in a case under UAPA for alleged narco-terrorism.The apex court said, “The principle of bail being the rule and jail being the exception applies even under special laws like UAPA.”The apex court said a division bench is bound by the decisions of larger benches and the decision of a three-judge bench in the Najeeb case, which had held that an accused cannot be detained indefinitely, is binding on a division bench.Justice Bhuiyan said, “The extensive study of Najeeb shows that mere passage of time, if it arises from all the surrounding circumstances, automatically entitles an accused to acquittal.”It states that the right to freedom is not a statutory slogan but a constitutional provision which must be followed in all circumstances.The apex court also expressed objection to its January judgment by which Umar Khalid and Sharjeel Imam were barred from seeking bail for a year.
