Delhi Police seeks larger Bench reference on UAPA bail curbs amid ‘conflicting’ coordinate Bench rulings
The Delhi Police has requested the Supreme Court to refer the issue of UAPA bail restrictions to a larger Bench due to conflicting judgments. This comes during a hearing for bail by Abdul Khalid Saifi, who is accused in the 2020 Delhi riots case. The police argue that prolonged incarceration should be considered in bail decisions under the UAPA.
- ▪The Delhi Police submitted that prolonged incarceration and trial delays may override statutory bail restrictions under the UAPA.
- ▪The Supreme Court recently emphasized that 'bail is the rule and jail is an exception' even in UAPA cases.
- ▪The police clarified they would not oppose interim bail for Mr. Saifi if the court considered it.
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The Delhi Police on Tuesday (May 19, 2026) told the Supreme Court that the question of whether prolonged incarceration and trial delays can override the statutory restrictions on bail under anti-terror laws such as the Unlawful Activities (Prevention) Act, 1967, warrants consideration by a larger Bench in view of two “conflicting” judgments rendered by coordinate Benches.The submission was made before a Bench of Justices Aravind Kumar and P.B. Varale during the hearing of a bail plea filed by 2020 Delhi riots accused Abdul Khalid Saifi, founder of the United Against Hate campaign, challenging the September 2, 2025, order of the Delhi High Court denying him bail along with Jawaharlal Nehru University scholars Umar Khalid and Sharjeel Imam.
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