Your PEEK Into The Day: 5 Stories That Deserve The Front Page
Peek TV | October 01, 2026
Justice On Trial: When Process Becomes An Endless Punishment
The Fact: Umar Khalid has been denied bail again. The Delhi High Court rejected his latest bail plea in the 2020 Delhi riots “larger conspiracy” case, saying it could not disregard the Supreme Court’s January 2026 ruling, which had denied bail to Khalid and Sharjeel Imam while granting bail to five other accused. The Supreme Court had treated their alleged roles differently, placing Khalid and Imam on a “higher footing” in what it called a “hierarchy of participation”. It had also said that Khalid and Imam could seek bail afresh either after the examination of protected witnesses or after one year from the date of its ruling, whichever came first. The High Court said neither condition has been met yet. Crucially, charges have not even been framed yet.
The Context: Bail is particularly difficult under the UAPA because Section 43D(5) requires courts to deny bail if, on a broad assessment of the case material, there are reasonable grounds for believing that the accusation is prima facie true. But the Supreme Court’s 2021 K.A. Najeeb judgment held that even this stringent restriction cannot override an accused person’s constitutional right to a speedy trial. It said prolonged incarceration caused by delays in trial can justify bail. In May 2026, another Supreme Court bench also stressed that Najeeb remains binding law. The January bench, however, had said that in cases involving offences against the sovereignty, integrity or security of the country, delay could not by itself become a “trump card” for bail.
The Peek Insight: Khalid has now spent more than six years in custody, while the trial has not even begun. The Delhi High Court has itself noted that witnesses can be examined only after charges are framed and the trial starts. NCRB data also shows that UAPA conviction rates have remained low — 4% in 2023 and between roughly 2% and 6% in each of the preceding five years. Conviction rates alone do not establish that any particular prosecution is unfounded. But when an accused spends years in prison without a trial, the question becomes whether pre-trial detention is still serving its purpose or beginning to resemble punishment before conviction. Article 21 requires courts to balance national security and the interests of justice with personal liberty and the right to a speedy trial.
