Sharjeel Imam, an accused in the 2020 Delhi riots, has filed a petition in the Supreme Court, challenging the Delhi High Court’s denial of his bail. The High Court had previously dismissed the bail applications of Imam and other individuals involved, stating that violence perpetrated in the name of protest cannot be protected as freedom of expression.
Imam is now seeking to overturn the High Court’s verdict by petitioning the Supreme Court for a review and requesting bail. The case is yet to be scheduled for a hearing in the Supreme Court.
**High Court’s Decision**
The Delhi High Court, on September 2nd, rejected the bail applications of 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 ruled that violence disguised as protest does not constitute freedom of expression. The bench, consisting of Justices Navin Chawla and Shalinder Kaur, dismissed the bail pleas of Imam and seven others.
**Key Aspects of the High Court’s Ruling**
In its decision to deny bail to Sharjeel and Umar Khalid, the court cited the seriousness of their alleged actions. The court found that both individuals made inflammatory statements along communal lines and encouraged the Muslim community to gather in large numbers. The court emphasized that the legal proceedings should proceed at a normal pace and that it would be improper to rush the trial, both for the accused and the state.
**The Charges Against Sharjeel Imam**
The case is linked to the violence that took place in North-East Delhi in February 2020 during protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). Sharjeel Imam stands accused of being a key architect of the riots. The court reserved its judgment on July 9 following the petitions filed in 2022, 2023, and 2024.
**The Prosecution’s Position**
The prosecution refuted the arguments, asserting that the riots were premeditated rather than spontaneous. They presented the events as a deliberate and dangerous conspiracy. Imam was apprehended on January 28, 2020.
**The Violence and its Consequences**
Sharjeel Imam, Umar Khalid, and others face charges under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). They are accused of being the “masterminds” of the riots. These riots occurred amidst protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). The violence resulted in 53 fatalities, with more than 700 individuals injured.