The right to a fair trial at the crossroads
This article examines the legal tension between the right to a fair trial and the gravity of offenses under the UAPA, specifically regarding the prolonged detention of activists. It argues that indefinite incarceration without trial undermines constitutional protections and the right to personal liberty.
Why it matters
It raises critical questions about judicial processes and the balance between national security laws and human rights in India.
When, earlier this year, the Supreme Court of India denied bail to Umar Khalid and Sharjeel Imam in the 2020 Delhi Riots cases (while granting bail to five other individuals in the same case), one key question that arose was this: “how long is too long” for people to be kept in jail without being found guilty of an offence? At the time of the Court’s judgment, Umar Khalid and Sharjeel Imam had spent more than five years in jail without trial; at the time of writing, that period is approaching six years.
The article takes a critical stance on judicial decisions regarding bail and emphasizes the protection of individual civil liberties.
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