Sharjeel Imam, an accused in the 2020 Delhi riots case, has approached the Supreme Court, seeking bail and challenging the Delhi High Court’s earlier decision. The High Court had recently dismissed the bail pleas of Imam and other defendants, citing that violence under the pretext of protest does not constitute protected freedom of expression.
Imam is now contesting the High Court’s ruling by filing a petition in the Supreme Court, requesting a review and seeking bail. The Supreme Court is yet to schedule a hearing for this matter.
**High Court’s Decision on Bail**
The Delhi High Court, on September 2nd, denied bail to Sharjeel Imam, along with co-accused Umar Khalid, Athar Khan, Khalid Saifi, Mohammad Salim Khan, Shifa-ur-Rehman, Meeraan Haider, Gulfisha Fatima, and Shadab Ahmed. The court stated that violence carried out under the guise of protest cannot be considered as an exercise of freedom of expression. The bench, consisting of Justices Navin Chawla and Shalinder Kaur, rejected the bail applications of Imam and seven others.
**Key Points from the High Court**
In rejecting the bail applications of Sharjeel and Umar Khalid, the court noted the severity of their alleged involvement. The court found that both individuals made provocative statements on communal grounds and encouraged the Muslim community to assemble in large numbers. The court also clarified that the legal proceedings should progress at their usual pace, and it would be incorrect for the trial to be expedited for either the accused or the state.
**The Accusations Against Sharjeel Imam**
The case concerns the violence in North-East Delhi in February 2020, which occurred during protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). Sharjeel Imam is alleged to have been a key figure in orchestrating the riots. Following the submission of petitions in 2022, 2023, and 2024, the court reserved its judgment on July 9.
**The Prosecution’s Stance**
The prosecution contested the arguments, maintaining that the riots were not spontaneous but were planned. They characterized the events as a carefully executed and dangerous conspiracy. Imam was arrested on January 28, 2020.
**The Aftermath of the Violence**
Sharjeel Imam, Umar Khalid, and others are charged under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). They face accusations of being the “masterminds” behind the riots. These riots took place during protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). The violence resulted in 53 fatalities and injuries to over 700 individuals.