NEW DELHI: The Supreme Court on Monday expressed serious reservation on judgement given by another division bench of apex court which denied bail to Umar Khalid in Delhi riots case.A bench comprising Justice BV Nagarathna and Justice Ujjal Bhuyan made these observations while allowing the bail plea of one Syed Iftikhar Andrabi, who has been under custody for over 5 years in a case under the UAPA for alleged narco-terrorism.”Principle of Bail is rule and jail is exception is applicable even under special law like UAPA,” the top court said.The top court said that a division bench is bound by the decisions of larger benches and three judge bench ruling in Najeeb which ruled that an accused cannot be kept in custody indefinitely is binding for a division bench.”The broad reading of Najeeb suggests that the mere passage of time, if it arises from all surrounding circumstances, mechanically entitles an accused to release,” Justice Bhuyan stated.It added that that the right to liberty is not a statutory slogan but a constitutional provision which has to followed in all conditions.The top court also expressed reservation over its January verdict by which Umar Khalid and Sharjeel Imam were barred from seeking bail for a year.
