Sharjeel Imam, accused in the 2020 Delhi riots case, has appealed to the Supreme Court for bail. This follows the Delhi High Court’s recent rejection of his and other co-accused’s bail applications. The High Court had stated that violence in the name of protest cannot be considered as freedom of expression.
Imam has now approached the Supreme Court to challenge the High Court’s order. He has filed a petition in the Supreme Court contesting the High Court’s decision and seeking bail. The case is yet to be listed for hearing in the Supreme Court.
**High Court Denied Bail**
On September 2nd, the Delhi High Court denied bail to Sharjeel Imam and co-accused Umar Khalid, Athar Khan, Khalid Saifi, Mohammad Salim Khan, Shifa-ur-Rehman, Meeraan Haider, Gulfisha Fatima, and Shadab Ahmed. The court asserted that violence under the guise of protest is not protected as freedom of expression. A bench comprising Justices Navin Chawla and Shalinder Kaur dismissed the bail pleas of Imam and seven others.
**High Court’s Observations**
While rejecting the bail applications of Sharjeel and Umar Khalid, the court noted that their roles appeared serious. The court stated that they delivered inflammatory speeches on communal grounds and incited the Muslim community to gather in large numbers. The court clarified that the case proceedings should proceed at a natural pace and that conducting the trial in haste would be inappropriate for both the accused and the state.
**Charges Against Sharjeel Imam**
The case pertains to the violence that occurred in North-East Delhi in February 2020 during protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). Sharjeel Imam is accused of being a key conspirator behind the riots. The court reserved its judgment on July 9, 2022, 2023, and 2024, following the petitions filed.
**Prosecution’s Argument**
The prosecution argued against the bail pleas, asserting that the riots were not spontaneous but were pre-planned. They described it as a dangerous conspiracy, executed deliberately. Imam was arrested on January 28, 2020.
**Casualties of the Violence**
Sharjeel Imam, Umar Khalid, and others face charges under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). They are accused of being the “masterminds” of the riots. These riots erupted during protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). The violence resulted in the deaths of 53 people, with over 700 injured.