Delhi riots | Court does not proceed on identity, ideology, belief or association: SC while denying bail Umar Khalid, Sharjeel Imam

New Delhi: The Supreme Court on Monday emphasised that the Constitution guarantees personal liberty, but it does not conceive this as an isolated or absolute entitlement, detached from the security of the society in which it operates.

"The sovereignty, integrity, and security of the nation, as well as the preservation of public order, are not abstract concerns rather they are constitutional values which Parliament is entitled to protect through law. Where a special statutory framework has been enacted to address offences perceived to strike at these foundations, courts are duty-bound to give effect to that framework, subject always to constitutional discipline,'' a bench of Justices Aravind Kumar and N V Anjaria said.

In its judgment, declining bail to activist Umar Khalid and Sharjeel Imam, the judges underscored, in the application of such law, the court does not proceed on identity, ideology, belief, or association.

The court also said, this decision neither endorses the prosecution case nor prejudges the guilt of any accused.

"It applies the law as it stands, recognising that individual liberty must be protected, but that it must also withstand the legitimate demands of national security and collective safety. This balance is not a matter of preference rather it is a matter of constitutional duty,'' the bench said.

The court clarified it has not examined the merits of the prosecution case beyond the confines mandated at the stage of consideration of an application seeking bail, nor has it expressed any opinion on the ultimate culpability of any of the accused.