The Delhi High Court’s Decision on Umar Khalid’s Bail Denial

• The Delhi High Court’s decision to deny bail to Umar Khalid and others in the “larger conspiracy” case relating to the 2020 Delhi riots demonstrates how special security laws and a deferential judiciary can transform pre-trial detention into extended punishment.

• The court’s reasoning is based on the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA), which bars bail if there are “reasonable grounds” to believe the accusations are prima facie true.

• The law forces courts to accept the prosecution’s narrative, leading to lengthy jail sentences if the charge sheet alleges a conspiracy and attaches voluminous material.

• Courts can counter these procedural constraints, with long incarceration without trial recognized as grounds for relief.

• The current Bench of the High Court has ignored the distinction between protest-related speech and organisational planning to blockade roads as sufficient to establish a prima facie case of terrorism, punishing dissent where constitutional liberty should have the stronger claim.

• The delay in the trial is justified as “natural,” highlighting the dangers of deferring to the state’s anxieties and allowing the distinction between accusation and guilt to be erased.

Umar Khalid Bail Verdict is important topic for Civil service exam (WBCS).

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