Hyderabad, Jan. 9 -- The judgment whereby the Supreme Court denied bail to Umar Khalid and Sharjeel Imam in the 2020 North East Delhi riots case presents several tensions between legal doctrine, constitutional spirit, and practical outcome.

One, for bail under the Unlawful Activities (Prevention) Act's (UAPA) Section 43D (5), the court must be satisfied, based on the prosecution's material taken at face value, that the accusations are "prima facie true." Defence rebuttals are not to be examined at this stage. As a constitutional guarantee, Article 21 of the Constitution guarantees the right to life, personal liberty and a speedy trial.

Two, the Supreme Court has held that treating all accused identically risks transforming pre-trial det...