Delhi High Court Seeks Police Reply on Sharjeel Imam’s Fresh Bail Plea

Delhi High Court Seeks Police Reply on Sharjeel Imam’s Fresh Bail Plea

The Delhi High Court on Friday sought the response of the Delhi Police on a fresh bail plea filed by Sharjeel Imam in the alleged Delhi riots conspiracy case.

A Division Bench comprising Justice Prathiba M Singh and Justice Vikas Mahajan issued notice to the police, marking the second round of bail proceedings initiated by Imam.

During the hearing, the Court questioned whether there had been any change in circumstances that would justify reconsideration of bail.

“Is there a factual development?”

Appearing for Imam, Advocate Talib Mustafa submitted that the trial had made little progress.

“Trial is still at the stage where it was seven months back,” he told the Bench.

The Court was informed that arguments on framing of charges had continued for more than 200 days. Additional Solicitor General SV Raju, appearing for the government, stated that a reply would be filed.

The Bench also inquired about the status of a protected witness in the case.

“I don’t think the trial has started,”

Raju responded.

The Court thereafter issued notice, returnable within two weeks.

It also recorded Imam’s contention that charges have not yet been framed despite the passage of substantial time. The Bench noted that the Supreme Court had previously granted Imam liberty to seek bail again if the trial was unduly delayed.

The matter has been listed for further hearing on August 27.

Background

The case arises out of the communal violence that took place in Delhi in 2020 during protests against the Citizenship (Amendment) Act, 2019. Imam and several other protest participants have been accused of conspiring to orchestrate the riots.

Imam was arrested in January 2020 and has remained in custody since then.

Earlier this year, the Supreme Court declined to grant him bail, observing that the prosecution material disclosed a prima facie case under the Unlawful Activities (Prevention) Act.

Subsequently, another Supreme Court Bench remarked that “bail should be the rule and jail the exception” even in UAPA cases and expressed reservations about the earlier judgment denying bail to Imam and Umar Khalid.

Following those observations, Imam again approached the sessions court for bail. However, on July 4, the sessions court rejected his plea, prompting him to challenge that order before the High Court.

A similar bail plea filed by Umar Khalid was also rejected

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