Supreme Court Asks Delhi HC To Expedite Sharjeel Imam's Bail Plea In UAPA Case Related To 2020 Delhi Riots

Senior advocate Siddharth Dave, representing Imam, said he is not pressing for bail but his client’s bail plea has been pending since 2022.

New Delhi:Activist Sharjeel Imam’s counsel on Friday contended before the Supreme Court that his client’s bail has been pending since 2022, after which the Supreme Court told the Delhi High Court to expeditiously hear his bail plea. Imam is an accused in an Unlawful Activities Prevention Act (UAPA) case linked to the 2020 Delhi riots, which left 53 people dead and over 700 injured.

The matter came up before a bench comprising justices Bela M Trivedi and S C Sharma. At the beginning of the hearing, the bench said it was not keen to entertain the matter, which also sought bail under Article 32 of the Constitution. Senior advocate Siddharth Dave, representing Imam, made it clear that he is not pressing for bail at this stage but his client’s bail plea has been pending since 2022.

“I will come before your lordship, if it is not allowed. Your lordship is the repository under the Constitution for all fundamental rights….Your lordships are, we have no other court. Please ask (the high court). Please make some observations. Let it be heard, I only want a hearing”, said Dave. The bench said it is not inclined to entertain a petition filed under Article 32 of the Constitution and noted the high court would be hearing the case on November 25.

It was submitted before the bench that Imam's appeal challenging the rejection of bail was filed on April 29, 2022, and it was adjourned several times. The counsel insisted that his bail plea should be decided.

"This being the writ petition filed under Article 32 of the constitution, we are not inclined to entertain the same. However, petitioner shall be at liberty to request the high court to hear the bail application as expeditiously as possible preferably on November 25, as fixed by the high court. The high court shall consider the said request," held the bench.

Imam and several others were booked under the stringent provisions UAPA and the Indian Penal Code for allegedly being the “masterminds” of the "larger conspiracy" behind the February 2020 riots. The violence erupted during the protests against the CAA and NRC.