Notably, Khalid and Imam’s bail pleas depend on the Supreme Court docket’s judgment in a unique case of Syed Iftikhar Andrabi whereby a unique bench of the highest court docket questioned the apex court docket’s denial of bail to Khalid and Imam within the January 2026 verdict.
Khalid and Imam’s pleas argue that the identical quantities to a change in circumstances.
Nevertheless, the police affidavit states that the judgment of a co-ordinate bench in a unique case can not override the precise findings and instructions handed by the Supreme Court docket in Khalid and Imam’s personal case.
In keeping with the police,
“Admittedly, the judgment in Syed Iftikhar Andrabi doesn’t cope with the Delhi Riots case or the Appellant’s position therein. Furthermore, the factual findings recorded by the Hon’ble Court docket in Gulfisha whereby the invocation of Part 43D(5) of UAPA was upheld within the Appellant’s case haven’t been doubted in Syed Iftikhar Andrabi (Supra). Thus, the statutory bar in opposition to grant of bail to the Appellant stays undisturbed and applies with full power to bail proceedings pending earlier than this Hon’ble Court docket.”
The police have additionally opposed the reliance positioned by the 2 accused on the Supreme Court docket’s judgement in co-accused Tasleem Ahmed’s case. On this matter, the Supreme Court docket had referred to the divergence of opinion in Syed Iftikhad Andrabi and Gulfisha Fatima instances to a bigger bench and granted interim bail to Ahmed.
The police has mentioned that the reference to a bigger bench can not unsettle the regulation declared in Khalid and Imam’s personal case of January 2026 once they have been denied bail.
