HC seeks police's stand on bail plea by Sharjeel Imam in 2020 Delhi riots case
Imam in plea says trial court erred in declining to independently examine his plea for regular bail; HC posts next hearing to August 27
The Delhi High Court on Friday (July 17) asked the city police to give its reply on the bail appeal made by student activist Sharjeel Imam, arrested under UAPA for his alleged role in the "larger conspiracy" behind the February 2020 riots in the national capital.
Also read: Court rejects Umar Khalid, Sharjeel Imam's bail pleas in Delhi riots conspiracy case
A bench of Justices Prathiba M Singh and Vikas Mahajan issued notice on Imam's appeal challenging the trial court's July 4 decision to dismiss his second regular bail application.
Police get two weeks
The bench granted two weeks to Delhi Police to file a reply to the appeal and listed the matter for hearing on August 27.
Imam was arrested on August 25, 2020, and booked under the Unlawful Activities (Prevention) Act (UAPA) for being one of the "masterminds" of the February 2020 riots in northeast Delhi that left 53 people dead and more than 700 injured.
The violence erupted during protests against the Citizenship (Amendment) Act, 2019, and the National Register of Citizens.
The trial court rejected Imam's bail application, saying it had "no option but to follow" the Supreme Court's January 5 order and, therefore, could neither entertain the plea nor grant him the relief.
Also read: Professional milestones to personal moments — what Umar and Sharjeel have lost since 2020 arrest
The trial court stated that the bail plea was not even maintainable before it.
Plea in HC
In his appeal in the high court, Imam said the trial court has erred in declining to independently examine his plea for regular bail.
The plea said even after a passage of six years, the proceedings before the trial court were yet to proceed beyond the stage of arguments on charge.
On January 5, the Supreme Court refused bail to Umar Khalid and Imam in the larger conspiracy case, while granting relief to co-accused Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan and Shadab Ahmad.
Also read: Sharjeel Imam tells SC that he is not a terrorist, seeks bail in Delhi riots case
A bench of Justices Aravind Kumar and N V Anjaria then observed that there was a prima facie case against Khalid and Imam under the UAPA and held that all accused could not be treated equally in view of the "hierarchy of participation".
(With inputs from agencies)