2020 Bengaluru Riots : Supreme Court Grants Bail To 2 UAPA Accused Noting Custody Of Over 5 Years & Delay In Trial
The Supreme Court recently granted bail to two persons - Kadeem @ Sadam and Zia Ur Rahma @ Ziya- who are accused in the 2020 Bengaluru riots case, taking note of their incarceration of over five years and the fact that 254 witnesses are yet to be examined in the trial involving 138 accused persons.A bench comprising Justice MM Sundresh and Justice Satish Chandra Sharma set aside the...
The Supreme Court recently granted bail to two persons - Kadeem @ Sadam and Zia Ur Rahma @ Ziya- who are accused in the 2020 Bengaluru riots case, taking note of their incarceration of over five years and the fact that 254 witnesses are yet to be examined in the trial involving 138 accused persons.
A bench comprising Justice MM Sundresh and Justice Satish Chandra Sharma set aside the Karnataka High Court's order, which denied them bail.
The appellant was charged with offences under Sections 143, 147, 148, 353, 333, 332, 436, 427 and 149 of the Indian Penal Code, along with Sections 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (UAPA), and Section 2 of the Prevention of Destruction and Loss of Property Act, 1981.
The case was investigated by the National Investigation Agency.
After hearing both sides, the Bench observed that the accused had been in custody for more than five years, and that 254 witnesses are yet to be examined in the case.
"We have perused the charges framed. The appellants have been under incarceration for more than five years. There are 254 witnesses to be examined. The appellants are two amongst the 138 accused persons," the Court noted.
Taking note of these circumstances, the Court stated that it had “no hesitation in setting aside the impugned order(s) and grant bail to the appellants.”
Accordingly, the Supreme Court set aside the High Court's order and granted bail, subject to the terms and conditions to be imposed by the Trial Court.
In February, another bench of the Supreme Court had declined to grant bail to another accused. At the same time, the said bench expressed concerns over the delay in the commencement of the trial and directed the State to establish additional NIA Courts for the trial of UAPA offences.
Case : Kareem @ Sadam v State by National Investigation Agency and connected matter
Appearances for the petitioners : Mr. Nizam Pasha, Adv.; Mr. Mushtaq Salim, Adv.; Mr. Lzafeer Ahmad B. F., AOR; Mr. Ismail Zabiulla, Adv.; Mr. Sidharth Kaushik, Adv.; Mr. Awstika Das, Adv.; Mr. Madhav Deepak, Adv.; Mr. Shreyas Kaushal, Adv.; Mr. Shubham Arun, Adv.; Mr. Sachin Dubey, Adv.; Mr. Rauf Rahim, Sr. Adv.; Mr. Rahamathulla Kothwal, Adv.; Mrs. Sididika Aisha, Adv.; Mr. Ananta Prasad Mishra, AOR; Mr. Ali Rahim, Adv.