Delhi HC Expected To Consider Sharjeel Imam's Request For Early Decision On Bail Application In UAPA Case : Supreme Court

The Supreme Court on Friday (October 25) urged the Delhi High Court to consider the request for expeditious disposal of the petition filed by student activist Sharjeel Imam seeking bail in the Delhi riots larger conspiracy case, which has been pending since April 2022.

A bench comprising Justices Bela M Trivedi and Satish Chandra Sharma, considering a writ petition filed by Imam seeking to direct the High Court to decide his bail matter soon, observed that the "petitioner shall be at liberty to request the High Court to hear the bail application as expeditiously as possible on the next date and it is expected that the High Court shall consider the said request." The bench noted that the matter was listed before the High Court on November 25.

At the outset, the bench asked why the petitioner has filed the writ petition in the Supreme Court when the matter was pending in the High Court.

Senior Advocate Siddharth Dave, appearing for the petitioner, submitted that he was not pressing the plea for bail before the Supreme Court and confined the relief to expedite the bail hearing. 

Dave pointed out that as per Section 21(2) of the National Investigation Agency Act, there is a mandate that the High Court should decide an appeal within three months. Imam's appeal challenging the rejection of bail was filed on April 29, 2022, and it was adjourned 64 times, with the petitioner seeking time on 8 postings, the senior counsel added.

"I am not saying anything against anyone. I am not blaming anyone. Allow it or reject it, but please decide it," Dave said.

When Justice Trivedi pointed out that there were eight FIRs against the petitioner, Dave clarified that the present matter was related to only one FIR under the Unlawful Prevention of Activities Act for an alleged larger conspiracy behind the 2020 Delhi riots.

The bench, in its order, observed that it was not inclined to entertain the petition. When Dave raised an apprehension that the High Court might construe the Supreme Court's observation as a rejection of the bail, the bench recorded his submission in the order that the relief of bail was not pressed by the petitioner.

While saying that the Article 32 petition was not entertained, the bench made the observation giving the petitioner liberty to request the High Court to seek expeditious hearing.

To recap, Imam was booked under provisions of the Unlawful Activities Prevention Act (UAPA) and the Indian Penal Code, over allegations of conspiracy behind the 2020 communal riots that took place in North-East Delhi, following protests against the Citizenship Amendment Act (CAA). He was taken into custody on January 28, 2020. Trial has been pending since and charges have not been framed so far.

Other accused in the case are: Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan and Natasha Narwal.

Initially, Imam approached the trial Court for bail, however, his plea was dismissed. Challenging the order, Imam approached the Delhi High Court, which took up his bail matter for the first time in April, 2022, but the same has not been decided since then, as a result of judges' recusals, adjournments sought by parties and roster change. Reportedly, during this time, the bail pleas, of Imam and other accused in the case, were listed 69 times, but no effective hearing took place.

In September, the High Court refused to entertain Imam's application for early hearing of his bail, citing that the matter was listed on October 7. On October 7, the bench scheduled to hear the plea did not assemble and as a result, the hearing of Imam's bail plea was adjourned to November 25.

Praying for a direction that the High Court decide his bail plea expeditiously, Imam filed the present petition. In the alternative, he has sought the relief of bail from the top Court as well.

Background

Imam, former JNU student leader Umar Khalid, and others have been booked over allegations of conspiring to give effect to the 2020 North-East Delhi Riots, which followed the anti-Citizenship Amendment Act protests. Reportedly, these riots left 53 people dead and about 700 injured.

The FIR registered contains stringent charges, including Sections 13, 16, 17, 18 of the UAPA, Sections 25 and 27 of the Arms Act, Section 3 and 4 of the Prevention of Damage to Public Property Act,1984 and provisions of the IPC.

In September 2020, the main chargesheet was filed against Pinjara Tod members and JNU students Devangana Kalita and Natasha Narwal, Jamia Millia Islamia student Asif Iqbal Tanha and student activist Gulfisha Fatima.

Others who were charge-sheeted included former Congress Councilor Ishrat Jahan, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, suspended AAP Councilor Tahir Hussain, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik, Mohd Salim Khan and Athar Khan.

Thereafter, a supplementary chargesheet was filed in November against Khalid and Imam.

Challenging dismissal of his bail plea by the trial Court, Imam approached the High Court. His bail plea was listed for the first time on April 29, 2022 before Justice Siddharth Mridul-led bench. Due to roster change, the matter got listed before a division bench headed by (now retired) Justice Mukta Gupta on May 24, 2022. However, the case was transferred back to Justice Mridul's bench.

Upon Justice Mridul's transfer, the matter was re-listed before a division bench headed by Justice Suresh Kumar Kait in November last year. Following Justice Kait's recent appointment as Chief Justice of the Madhya Pradesh High Court, the bail pleas in the larger conspiracy case were listed before a new bench comprising Justices Navin Chawla and Shalinder Kaur. On October 7, the bench did not assemble and as a result, the bail pleas were adjourned to November 25.

In May, 2024, the Delhi High Court granted statutory bail to Imam in the sedition case relating to his alleged inflammatory anti-CAA speeches at Aligarh Muslim University and in Jamia area.

The plea is filed through Advocate-on-Record Fauzia Shakil.

Case Title: SHARJEEL IMAM v. STATE (NCT OF DELHI), W.P.(Crl.) No. 422/2024

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