Delhi High Court Seeks Police Response on Sharjeel Imam’s Bail Application
The Delhi High Court has recently called for a response from the Delhi police regarding a new bail plea filed by Sharjeel Imam in connection to the 2020 Delhi riots conspiracy case. The Division Bench, comprising Justice Prathiba M Singh and Justice Vikas Mahajan, issued a notice to this effect on Friday.
Background and Legal Proceedings
This development marks the second attempt by Imam to secure bail in this case. During the proceedings, the court inquired whether there had been any changes in circumstances that might justify granting bail. “Is there a factual development?” the Bench questioned. Imam’s legal representative pointed out that the trial has not progressed significantly, remaining at the same stage it was seven months prior.
Representing the government, Additional Solicitor General SV Raju indicated that a formal reply would be filed. The court also raised questions about the status of the protected witnesses involved in the case. Raju responded, “I don’t think the trial has started.” The judges subsequently issued a notice, to be returned within two weeks, and recorded Imam’s submission that charges have yet to be framed despite considerable time having elapsed.
Supreme Court’s Earlier Decision and Current Scenario
Previously, the Supreme Court had allowed Imam the liberty to approach the courts for bail if there were delays in the trial process. The next hearing is scheduled for August 27. The case relates to the communal violence that erupted in Delhi in 2020 during protests against the Citizenship (Amendment) Act, 2019 (CAA). Imam, among others involved in the protests, faces allegations of conspiring to incite the riots.
Detained since January 2020, Imam’s earlier bail plea was denied by the Supreme Court, which cited a prima facie case against him under the Unlawful Activities (Prevention) Act (UAPA). However, in a subsequent ruling in May, a different Supreme Court bench suggested that bail should generally be the norm, even in UAPA cases, expressing doubts about the previous decision to deny bail to Imam and Umar Khalid in the Delhi riots case. This prompted Imam to once again seek bail from the sessions court, which was denied on July 4, leading him to challenge the decision in the High Court.
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Future Implications and Related Cases
Umar Khalid, facing similar charges, had also recently filed a bail application, which was rejected along with Imam’s. The legal proceedings continue to unfold, with the High Court now set to revisit these matters. The outcome of this case could have significant implications for other UAPA-related cases and ongoing discussions about the balance between national security and individual liberties.
