AILU Demands Repeal of UAPA After SC Rejects Bail Pleas of Umar Khalid and Sharjeel Imam

New Delhi: The All India Lawyers Union (AILU) has strongly criticised the Supreme Court’s judgment denying bail to Umar Khalid and Sharjeel Imam in the alleged “Delhi riot conspiracy case”, describing it as an illustrative case of miscarriage of justice arising from the continued application of the UAPA.

In a press release, the AILU said the ruling exposes the draconian nature of the UAPA and the failure of the legal system to evolve constitutional tools that go beyond rigid statutory prescriptions to safeguard fundamental rights under Articles 19 and 21 of the Constitution. The lawyers’ body underlined that the right to life and personal liberty cannot be eclipsed by prolonged pre-trial incarceration.

The AILU pointed out that the delay in the trial cannot be attributed to the accused in any manner, stressing that five years of incarceration without the commencement of trial is a grave violation of constitutional guarantees. “Five years of incarceration without trial is not a small thing and cannot fail to attract the protection of Article 21,” the organisation said.

Warning of wider implications, the AILU observed that if such prolonged detention becomes the general trajectory of UAPA prosecutions, the very existence of the law in the statute book would amount to a miscarriage of justice. It said the operation of the UAPA in its present form results in a stark violation of Articles 14, 19 and 21, dealing with equality before law, freedom of expression and personal liberty.

Reiterating its long-standing position, the AILU renewed its demand for the repeal of the UAPA. The organisation alleged that the law has been repeatedly abused to suppress democratic dissent.