HC seeks police response to Sharjeel Imam’s fresh plea for bail in Delhi riots conspiracy case

The Delhi High Court on Friday sought the police’s response to a bail plea filed by activist Sharjeel Imam in the 2020 riots conspiracy case, Bar and Bench reported.

A bench of Justices Prathiba M Singh and Vikas Mahajan issued notice on Imam’s appeal challenging the trial court’s July 4 decision rejecting his second regular bail application. The court posted the case for hearing on August 27.

Imam, Umar Khalid and the other activists had been arrested between January 2020 and September 2020 in connection with the communal violence that broke out in North East Delhi in February 2020 between supporters of the contentious Citizenship Amendment Act and those opposing it. The violence had left 53 dead and hundreds injured. Most of those killed were Muslims.

The persons accused in the matter have been charged under the Unlawful Activities Prevention Act, the Prevention of Damage to Public Property Act, the Arms Act and sections of the Indian Penal Code.

The police have claimed that the violence was part of a larger conspiracy to defame the Narendra Modi government and was planned by those who organised the protests against the amended Citizenship Act.

During the hearing on Friday, the court questioned whether there had been any change in circumstances warranting the grant of bail.

Imam’s counsel, Talib Mustafa, argued that the trial had made little progress. “The trial is still at the stage where it was seven months back,” Bar and Bench quoted Mustafa as telling the court.

He added that arguments on framing charges had continued for more than 200 days.

Additional Solicitor General SV Raju, appearing for the government, said that a reply would be filed.

“What is the position of the protected witness?” the court asked.

“I don’t think the trial has started,” the legal news outlet quoted Raju as submitting before the court.

The High Court issued notice to the Delhi Police, asking it to respond within two weeks.

It also noted that the Supreme Court had earlier granted Imam liberty to approach the courts again if the trial was delayed.

On July 4, a Delhi court rejected Imam and Khalid’s bail petition. Additional Sessions Judge Sameer Bajpai of Karkardooma Courts said that he was bound by the Supreme Court’s order from January that denied them bail.

The Supreme Court in its January order had said that both the activists can file fresh petitions after all protected witnesses are examined or after one year.

However, the bench had granted bail to Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Shadab Ahmed and Muhammad Saleem Khan.

Edited by Nachiket Deuskar.

Also read:

• Why SC denied bail to Umar Khalid, Sharjeel Imam but awarded it to five other anti-CAA activists

• Why has the JNU sedition case gone nowhere in a decade?

• Umar Khalid’s five years of incarceration: ‘Do I even know the world any more?’