‘Jail vacations on demand’: Oppn contrasts Umar Khalid's bail denial with dera chief's Gurmeet Ram Rahim's latest parole

Leaders from Opposition parties on Monday expressed disappointment with the Supreme Court’s refusal to grant bail to activists Umar Khalid and Sharjeel Imam in the 2020 Delhi riots “larger conspiracy” case, and drew a contrast with repeated paroles granted to rape convict and Dera Sacha Sauda chief Gurmeet Ram Rahim Singh.

Dera Sacha Sauda chief Gurmeet Ram Rahim Singh, who is serving a 20-year jail term for raping two of his disciples, walked out of Sunaria jail on Monday after being granted a 40-day parole. This is the 15th time he has been released since his conviction in 2017 as per jail rules for furlough and parole.

This happened to be the same day when Umar Khalid and Sharjeel Imam were denied bail even as five co-accused were granted the relief by the country's top court.

Many BJP leaders welcome the SC decison.

The BJP MP and Bar Council of India (BCI) Chairman Manan Kumar Mishra on Monday supported the Supreme Court’s decision to deny bail to Umar Khalid and Sharjeel Imam in the case linked to the 2020 Delhi riots, saying the order was well reasoned and would help advance the probe.

Assam Chief Minister Himanta Biswa Sarma on Monday welcomed the Supreme Court's refusal to grant bail to activists Umar Khalid and Sharjeel Imam.

''The bail plea of the member of the 'Tukde-Tukde Gang' who had threatened to secede the Northeast from India has been rejected by the Supreme Court and I welcome it,'' Sarma said. This nation shall forever remain united, indivisible and strong, he added.

In a post on X, Communist Party of India (Marxist) MP John Brittas said the principle that “bail is the rule, jail the exception” appeared to be applied selectively.

“No bail to Umar Khalid — detained for over five years under the draconian UAPA, with the trial yet to even begin. Pre-trial jail is not a punishment!!” he wrote.

“Meanwhile, convicted rapist and murderer Gurmeet Ram Rahim Singh (sentenced in 2017) has just been granted yet another 40-day parole — his 15th temporary release from prison since conviction. One languishes indefinitely without trial. The other enjoys repeated ‘jail vacations’ on demand,” he said.

The CPI(M) said in a separate post on X that the continued denial of bail to Khalid and Imam violated principles of natural justice. “The Supreme Court’s denial of bail to Umar Khalid and Sharjeel Imam, who have spent over five years in jail under the draconian UAPA without trial or conviction, is against the principles of natural justice,” the party said.

“Prolonged pre-trial incarceration violates the fundamental principle that bail is the rule, not jail, and undermines the constitutional right to liberty and a speedy trial. The continued use of UAPA to target dissenting voices reflects a disturbing pattern of repression and selective justice. We reiterate our demand for the release of all political prisoners,” the party further said.

Rashtriya Janata Dal MP Manoj Jha also said the denial of bail raised “troubling questions”.

He noted that constitutional courts have the power and duty to grant bail when incarceration becomes unduly long, unjustified or disproportionate, but said that in the case of Khalid and Imam, the prevailing judicial view appeared to be that the time already spent in jail was still not long enough, and that the delay in trial was not yet shocking or unconstitutional.

“This raises troubling questions about how much incarceration must be endured before constitutional protections are activated and achieved,” he said.

Earlier on Monday, the Supreme Court refused bail to Khalid and Imam in the 2020 Delhi riots conspiracy case but granted bail to five other accused, citing a “hierarchy of participation” and observing that all accused did not stand on the same footing.

Those granted bail are activists Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmad.

The February 2020 riots in northeast Delhi had left 53 people dead and more than 700 injured.