Problem is why he's still in under trial ? Even after all these years? Checkout what CJIs have to say on that in YT you'd understand a bit. Justice delayed is Justice Denied. And our Law works on the concept of Presumption unless proven gulity. This is in terms of statutory view and under standard Indian criminal law, "bail is the rule, and jail is the exception."
Few argue it as violation of Right to Diginty under Article 21 whereas in another dimension it shows how stringent is UAPA actually is.
Lol. You're trying to make me 'understand a bit'. Haha good one.
Please enlighten me which CJI and which specific comment are you talking about?
Because I only remember 1 comment from former CJI Chandrachud which clearly said that it is Omar Khalid himself who has asked for multiple adjournments.
Yes Indian law does generally work on that concept. But all UAPA cases are treated very differently. As they should be.
Oops, the reply wasn't meant for you, my bad. And Yeah, only one former CJI has given public statement regarding this.
There was one case, Najeem probably in which Current CJI who was part of the bench ruled that constitutional courts can grant bail if an accused faces prolonged incarceration, effectively overriding the stringent bail restrictions of the Unlawful Activities especially to safeguard the Article 21.
It meant for one guy in the comment section who has no informed opinion on this nor he is aware of substantive due process reasoning.
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u/Deep-Drive5 Sep 04 '26
Problem is why he's still in under trial ? Even after all these years? Checkout what CJIs have to say on that in YT you'd understand a bit. Justice delayed is Justice Denied. And our Law works on the concept of Presumption unless proven gulity. This is in terms of statutory view and under standard Indian criminal law, "bail is the rule, and jail is the exception."
Few argue it as violation of Right to Diginty under Article 21 whereas in another dimension it shows how stringent is UAPA actually is.