All India Majlis-e-Ittehadul Muslimeen (AIMIM) president Asaduddin Owaisi has blamed the Congress party for amending the Unlawful Activities (Prevention) Act (UAPA) which led to extended jail terms for undertrials.
The statement followed the Supreme Court’s recent refusal to grant bail to Umar Khalid in the 2020 Delhi riots case.
Subjective clauses within the UAPA
The Hyderabad MP asserted that the amendments made during the Congress-led UPA government are responsible for prolonged detentions. He cited changes made to the Unlawful Activities (Prevention) Act when P Chidambaram was the Union Home Minister.
Addressing a gathering in Dhule, Maharashtra, Owaisi recalled his earlier warnings in Parliament. He had questioned subjective clauses within the UAPA, arguing they were open to misuse. He referenced Section 15, which defines terrorist acts through broad terms like actions taken “by any other means of whatever nature.”
Owaisi connected the same legal phrasing to the bail denial for Umar Khalid and another undertrial, Sharjeel Imam. Both have been in jail for over five years.
Asaduddin Owaisi criticized clause 43D of UAPA
The AIMIM leader also criticized clause 43D of the UAPA. This provision allows for up to 180 days of detention without a chargesheet.
He claimed the maximum period is consistently used in cases involving minorities.
SC denies bail to Umar Khalid, Sharjeel Imam
Recently, the Supreme Court refused to grant bail to Umar Khalid and Sharjeel Imam in the alleged “larger conspiracy” case linked to the 2020 Delhi riots.
Pronouncing the judgment, a Bench of Justices Aravind Kumar and Prasanna B. Varale said that the prosecution material disclosed a prima facie case against Umar Khalid and Sharjeel Imam, thereby attracting the statutory bar to bail under Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA).
However, the apex court granted bail to Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohd Saleem Khan and Shadab Ahmed, all of whom have been in custody for more than five years.
