Bail Or Jail? The UAPA Debate Over Umar Khalid’s 5-Year Detention Without Trial | Delhi Riots

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Bail Or Jail? The UAPA Debate Over Umar Khalid's 5-Year Detention Without Trial | Delhi Riots

The discussion centres on the denial of bail to Umar Khalid and Sharjeel Imam, who have been incarcerated for five years without a trial. The High Court’s decision is debated by legal experts. One perspective is that the order is legally sound, citing serious allegations under the UAPA, IPC, and Arms Act, and emphasizing that the accused can appeal to the Supreme Court. The opposing view holds that the prolonged detention is a miscarriage of justice, arguing the court followed a stricter, older precedent on bail under UAPA. This side questions the lack of a trial and the chilling effect on free speech. A key point raised was, “You can be secure in the peace of the graveyard, but the noisy discourse of the public square cannot be chilled by simply putting people in jail and throwing away the key.” The programme explores the legal complexities and the principle of ‘bail, not jail’ in such cases.
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