New Delhi:
A bench of Justices Aravind Kumar and P B Varale declined to comment on a recent verdict delivered by a bench headed by Justice B V Nagarathna, which had criticised the January 5 order denying bail to activists Umar Khalid and Sharjeel Imam.
The bench observed that the denial of bail to Khalid and Imam in the Delhi riots case was based on an accused-specific evaluation and the roles attributed to them, and not because Article 21 of the Constitution was treated as subordinate.
The Delhi Police has sought a reference to a larger bench on the question of whether prolonged incarceration and delay in trial can outweigh statutory restrictions on bail under laws such as the Unlawful Activities (Prevention) Act, 1967.
The court granted interim bail for six months to Delhi riots accused Abdul Khalid Saifi and Tasleem Ahmad, subject to certain conditions.
It added that the prosecution would be free to seek cancellation of bail if the accused violate any of the imposed conditions.
The bench also directed that the matter be placed before Chief Justice of India Surya Kant for constitution of an appropriate bench to deliver an authoritative pronouncement on the legal issue.