Sharjeel Imam Moves Supreme Court for Bail After 5 Years in Jail, Cites Delay & Denies Role in Delhi Riots Conspiracy

New Delhi (India) September 7: Three days after the Delhi High Court denied him relief, student activist Sharjeel Imam went to the Supreme Court on Saturday. This is in order to request bail in the broader conspiracy case related to the February 2020 Delhi riots.

Imam Challenges High Court Verdict in Supreme Court

Imam has been in pre-trial custody for more than five years after his arrest on January 28, 2020. His case was submitted through lawyer Fauzia Shakil. He challenges the September 2 judgment of the Delhi high court. He claims that he is not responsible for the lengthy imprisonment caused by systemic trial delays. 

The petition argues that denying bail after more than five years in detention is equal to punishing an undertrial. He appeals to the Supreme Court to guarantee his freedom rights.

High Court Ruling and Bail Denial

Imam and student activist Umar Khalid's bail requests were denied on September 2 by a bench of Justices Navin Chawla and Shalinder Kaur. This was on the grounds that their involvement in the conspiracy seemed "prima facie grave." 

The high court also denies bail to seven other individuals: Gulfisha Fatima, Khalid Saifi, the founder of United Against Hate, Athar Khan, Mohd Saleem, Shifa-ur-Rehman, Meeran Haider and Shadab Ahmed. The court based this decision on a coordinated conspiracy that led to the riots. It resulted in the deaths of 53 people and the injuries of hundreds more.

The court observed that Imam and Khalid were the first to organize protests after the Citizenship Amendment Bill was passed by Parliament in December 2019. They distributed posters, established WhatsApp groups, and gave speeches that were allegedly presented on communal lines. They were referred to as the "intellectual architects" of the conspiracy by the Delhi Police. The Delhi Police are being represented by special public prosecutor Amit Prasad and solicitor general Tushar Mehta.

The high court ruled that Imam's detention since January 28, 2020, and Khalid's absence from Delhi during the violence's start were irrelevant since the planning had already taken place.

Comparison with Others Granted Bail in Similar Cases

However, the accused claims before the high court that the evidence against them was weak. They were not involved in any events where violence was being planned. They aimed for equality with other student activists who were given bail in 2021. This includes Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha.

In the next few days, the Supreme Court is going to schedule a hearing on the case. The case will see how the Supreme Court balances its previous bail rules. It emphasises liberty and fair trial rights. Obtaining a bail under UAPA is extremely difficult.