Observations Made In Umar Khalid Bail Order Against Sharjeel Imam Without Hearing His Appeal: Imam's Lawyer To Delhi High Court

The Delhi High Court on Friday adjourned the hearing of bail appeal of Sharjeel Imam, who is an accused in Special Cell's larger conspiracy case of Northeast Delhi riots, after his counsels made a request for it, stating that the bench has made "certain observations" qua him in the order denying bail to co-accused Umar Khalid, "without his (Imam's) appeal having been heard".

Imam's bail appeal, which is pending before the division of Justice Siddharth Mridul and Justice Rajnish Bhatnagar, will now be heard on December 16.

Advocates Talib Mustafa and Ahmad Ibrahim, who represent Imam, in the adjournment slip said that it is incumbent on him to seek further legal advice and to explore the possibility of legal remedy before his bail appeal is heard.

"We have no difficulty in adjourning the matter…. the application is premised on an assertion. You can't place it on record. To say that you are seeking legal advice in another matter, it can't be a ground. It cannot be done in this manner. You ask for an adjournment simplicitor and we may consider but do not make legal arguments and then ask us to adjourn a matter. We are willing to hear you anytime but don't put this on record…..Can it be done?" asked Justice Mridul.

The court in the order said, "Advocate Ahmad Ibrahim, counsel appearing on behalf of the appellant, requests for adjournment, which is not opposed by SPP Amit Prasad. The hearing of appeal is adjourned. At specific request of counsel appearing on behalf of appellant, list after six weeks on December 16."

The special bench of Justice Mridul and Justice Bhatnagar on October 18 refused to grant the bail to Khalid in the case. Stringent provisions of Unlawful Activities (Prevention) Act have been invoked against him and other activists by Delhi Police.

In the bail order, Imam's name has been mentioned 17 times by the court while discussing the chargesheet of Delhi Police. The bench in the order has said Imam "arguably is at the head of the Conspiracy" and terms like 'main conspirator' have been used for him.

"Having heard learned counsel for the parties and having carefully gone through the charge-sheet and taking into consideration the fact that the Appellant [Umar Khalid] was in constant touch with other co-accused persons, including Sharjeel Imam, who arguably is at the head of the Conspiracy; at this stage, it is difficult to form an opinion that there are not reasonable grounds for believing that the accusation against the petitioner is prima facie not proved," the bench has said in that order.

Rejecting an argument that there was no ideological meeting of minds between Khalid and Sharjeel Imam, the bench had also said it finds "it a little difficult" to accept the contention as there exists a string of commonality among all the accused.