PTI
New Delhi
Opposition leaders on Monday raised questions over the Supreme Court denying bail to activists Umar Khalid and Sharjeel Imam in the 2020 Delhi
riots conspiracy case, while pointing out that rape
convict Dera Sacha Sauda chief Gurmeet Ram Rahim has been repeatedly granted parole.
In a post on X, Communist Party of India (Marxist) general secretary MA Baby said the Supreme Court’s decision is shocking.
“The court’s statement that ‘continued detention has not crossed constitutional impermissibility to override the statutory embargo as against them’ is a travesty of justice. Is languishing in jail for five years, without any possibility of trial starting, not a violation of the fundamental right to life and liberty?” he asked.
“At the same time, convicted rapist Gurmeet Ram Rahim Singh walked out of jail today on his
15th parole since his conviction in 2017. This is shameful and unacceptable!” he added.
Taking to X, CPI(M) Rajya Sabha MP John Brittas said the principle that “bail
is the rule, jail the exception” clearly does not apply when it comes to certain individuals.
Communist Party of India (CPI) general secretary D Raja said more than five years in jail without a trial is not justice, it is punishment without adjudication.
He said the denial of bail exposes a disturbing double standard in the country’s criminal justice system.
The CPI(ML) Liberation echoed similar sentiments.
It said the denial of bail to Khalid and Imam even after more than five years in jail without a trial marks a “blatant negation of the very idea of justice and constitutional liberty of Indian citizens”.
Rashtriya Janata Dal MP Manoj Jha said the denial of bail raises “troubling questions”.
“While it is true that constitutional courts have the power and indeed the duty to grant bail where incarceration becomes unduly long, unjustified, or disproportionate. Yet, in the case of Umar Khalid and Sharjeel, the prevailing judicial view seems to be that the time already spent in jail is still not long enough, and that the delay in trial is not yet shocking or unconstitutional,” he said.
“This raises troubling questions about how much incarceration must be endured before constitutional protections are activated and achieved,” he added.
The Supreme Court on Monday refused bail to activists Khalid and Imam but granted it to five others, citing “hierarchy of participation” and saying all accused in the case do not stand on the same footing.
The February 2020 riots in northeast Delhi left 53 people dead and more than 700 injured.
