Former Jawahar Lal Nehru University student Sharjeel Imam has moved to the Supreme Court seeking bail in the 2020 Delhi riots case after the Delhi High Court rejected his bail pleas along with co-accused Umar Khalid, Athar Khan, Khalid Saifi, Mohd Saleem Khan, Shifa-ur-Rehman, Meeran Haider, Gulfisha Fatima and Shadab Ahmed.
The Imam has challenged the Delhi High Court’s order passed on September 02, denying his bail in the UAPA case, alleging a larger conspiracy related to the 2020 North-East Delhi riots. A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur has denied bail to him.
As per the Live Law report, the matter is yet to be listed for hearing before the Apex Court. The Imam was arrested in January 2020. He has been in custody for over five years.
According to official records, the Delhi riots erupted during the protests against the CAA and NRC in late February 2020, in which at least 53 people were killed and more than 200 were injured.
The Delhi Police registered a case against Umar Khalid, Sharjeel Imam, and several others under the Unlawful Activities (Prevention) Act and various provisions of the Indian Penal Code.
All the accused in this case filed pleas seeking bail, but the trial court refused them bail. The Delhi High Court also denied them bail on September 2.
What Next If The Apex Court Denies Bail?
Live Law reported that the Delhi High Court observed that, prima facie, the role of Imam and Umar Khalid in the entire conspiracy is “grave”, having delivered inflammatory speeches on communal lines to “instigate mass mobilisation of members of the Muslim community.”
The question arises as to what would happen if the Supreme Court denies bail to Sharjeel Imam. However, the apex court granted bail in the case registered under the Unlawful Activities (Prevention) Act. In 2022, the Supreme Court granted bail to journalist Siddique Kappan. And, in 2021, the apex court also granted bail to Asif Iqbal Tanha and KA Najeeb, who spent five years in jail.
Further Legal Remedy For Sharjeel Imam
If the Supreme Court grants him bail, he will come out of jail. It will be a precedent for other co-accused to get bail.
If the apex court denies bail, he will have to remain in jail as the trial is yet to start in the lower court.
Following the Supreme Court’s denial of bail, Imam will have no option for regular bail. He can only apply for bail with fresh applications before the trial court, then the High Court, with fresh arguments and changed circumstances.
He can also apply for a speedy trial of his case under Article 32 before the Supreme Court or under Article 226 before the High Court, citing a violation of fundamental rights.
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