Supreme Court Urges Expedited Decision

The Supreme Court of India has urged the Delhi High Court to expedite the decision on Sharjeel Imam’s bail application concerning the Delhi riots conspiracy case. This petition has been pending since April 2022.

A bench led by Justices Bela M. Trivedi and Satish Chandra Sharma reviewed a writ petition filed by Imam, which seeks to prompt the High Court to prioritize his bail request. The bench stated that Imam could ask the High Court for an expedited hearing on his bail application during the next scheduled date, which is set for November 25.

---

Arguments for Expedited Hearing

Imam’s senior advocate, Siddharth Dave, emphasized that he was not pushing for bail from the Supreme Court but was requesting that the High Court handle the matter quickly. He highlighted that under Section 21(2) of the National Investigation Agency Act, the High Court is required to resolve such appeals within three months. Imam’s appeal against his bail denial was filed on April 29, 2022, and has been postponed 64 times, with the petitioner seeking extensions on eight occasions.

While Justice Trivedi pointed out that Imam faces eight FIRs, Dave clarified that the current proceedings pertain specifically to one FIR under the Unlawful Activities Prevention Act (UAPA), linked to the alleged conspiracy behind the 2020 Delhi riots.

---

Background of the Case

Imam has been charged under the UAPA and the Indian Penal Code due to allegations regarding his involvement in the 2020 communal riots in North-East Delhi, which erupted during protests against the Citizenship Amendment Act (CAA). He was arrested on January 28, 2020, and his trial is still ongoing, with charges yet to be formally framed.

Initially, Imam sought bail from the trial court, which was denied. His first appearance before the Delhi High Court regarding bail occurred in April 2022, but the case has not been resolved due to judge recusals, requests for adjournments, and changes in the court roster. Reports indicate that Imam’s and other accused’s bail pleas have been listed for hearings 69 times without substantive progress.

---

Recent Developments

In September, the High Court rejected Imam’s request for an early hearing, citing that the matter was already scheduled for October 7. However, the scheduled bench did not convene, resulting in further postponement until November 25.

Imam has filed this latest petition to compel the High Court to address his bail plea promptly. As an alternative, he has also requested bail from the Supreme Court.

---

Background on the Delhi Riots

Sharjeel Imam, alongside other former student leaders, faces accusations related to the 2020 North-East Delhi riots, which followed protests against the CAA. These riots resulted in 53 fatalities and approximately 700 injuries.

The FIR against him includes serious charges under Sections 13, 16, 17, and 18 of the UAPA, along with relevant sections of the Arms Act and the Prevention of Damage to Public Property Act, 1984, as well as provisions of the IPC.

---

Charges and Judicial Proceedings

In September 2020, the primary chargesheet was filed against Imam and other members of the Pinjara Tod group, including JNU students and Jamia Millia Islamia activists. Subsequent chargesheets were issued against additional co-accused, including Umar Khalid and Tahir Hussain.

Imam’s bail plea was first listed on April 29, 2022, before Justice Siddharth Mridul. However, following judicial roster changes and transfers, the case has been shuffled among different benches. Recently, after a series of delays, the bail applications were scheduled for a hearing on November 25.

In May 2024, Imam was granted statutory bail in a separate sedition case related to alleged inflammatory speeches made during anti-CAA protests at Aligarh Muslim University and in the Jamia area.