Activist Sharjeel Imam, accused of being part of a “larger conspiracy” behind the 2020 Delhi riots, on Tuesday withdrew his plea filed a day ago seeking interim bail for two weeks to contest the Bihar Assembly elections, his lawyer confirmed to Scroll.
The polls will take place in two phases on November 6 and November 11, and the votes will be counted on November 14.
Imam had on Monday filed the application before Additional Sessions Judge Sameer Bajpai of Delhi’s Karkardooma Courts, who is hearing the Delhi riots case.
The activist sought bail from October 15 to October 29 to contest as an independent candidate from the Bahadurganj constituency in Kishanganj district. Polling in Bahadurganj will take place in the second phase of the elections.
Imam’s lawyer Ahmad Ibrahim said that his regular bail plea is pending before the Supreme Court, reported Bar and Bench. Ibrahim added that the top court would have been the appropriate forum for the interim bail application.
Additional Sessions Judge Bajpai told Ibrahim to file an application to the effect and said the request would be allowed, according to Bar and Bench.
The activist has been in jail for more than five years.
He was arrested in January 2020 in connection with speeches made in Delhi, Aligarh, Asansol and Chakband during protests against the Citizenship Amendment Act and the proposed National Register of Citizens.
According to the police chargesheet against him, Imam’s speeches had incited members of the Muslim community, which had, in turn, triggered riots.
Clashes had broken out in North East Delhi in February 2020 between supporters of the Citizenship Amendment Act and those opposing it. The violence left 53 dead and hundreds injured.
The Delhi Police has claimed that the violence was part of a larger conspiracy to defame the Narendra Modi government and was plotted by those who organised the protests against the contentious citizenship law.
Imam has been charged under the Unlawful Activities Prevention Act.
He has also been charged under sections of the Indian Penal Code pertaining to sedition; promoting enmity between groups on grounds of religion, race, place of birth, residence; imputation, assertions prejudicial to national-integration; and statements creating or promoting enmity, hatred or ill-will between classes.
On September 2, Imam was denied regular bail in the Delhi riots case by the Delhi High Court.
He then approached the Supreme Court, which on September 22 issued notice to the Delhi Police seeking its response to the bail pleas filed by Imam and the others in the Delhi riots case.
In his interim bail petition, Imam described himself as a “political prisoner and a student activist”.
He said that as an independent candidate, he has no political party support and that only his younger brother, who is also caring for their ailing mother, is available to assist with his nomination and campaign arrangements.
Imam added that the process of filing nomination papers for the Assembly elections in the state begins on October 13 and ends on October 20, making it essential that he be present in his constituency to submit his nomination.
Also read: Sharjeel Imam interview: ‘As an educated Muslim, it is my duty to enter the political domain
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