The Delhi High Court on Friday sought a response from the Delhi Police on a bail plea filed by activist Sharjeel Imam in the 2020 Delhi riots larger conspiracy case.
A division bench of Justices Prathiba M. Singh and Vikas Mahajan issued notice on Imam’s appeal challenging a trial court order dated July 4 that had rejected his second regular bail application. The matter has been listed for hearing on August 27.
Court Questions Change in Circumstances
During the hearing, the High Court asked whether there had been any change in circumstances that would justify granting bail.
Appearing for Imam, advocate Talib Mustafa argued that the trial had made little progress.
“The trial is still at the stage where it was seven months back,” Mustafa submitted before the court.
He also told the bench that arguments on framing of charges had continued for more than 200 days.
Additional Solicitor General S.V. Raju, appearing for the Delhi Police, sought time to file a reply to the plea.
When the court asked about the status of the protected witnesses, Raju said, “I don’t think the trial has started.”
The High Court directed the Delhi Police to file its response within two weeks.
Supreme Court Had Allowed Fresh Bail Plea
The High Court also noted that the Supreme Court had earlier granted Imam liberty to approach the courts again if there was a delay in the trial.
On July 4, a Delhi trial court had rejected the regular bail pleas of Sharjeel Imam and co-accused Umar Khalid. The trial court had observed that it was bound by the Supreme Court’s January order refusing them bail.
In January, the Supreme Court had said that both Imam and Khalid could file fresh bail applications after all protected witnesses were examined or after one year, whichever was earlier.
Background of the Case
Sharjeel Imam, Umar Khalid and several other activists were arrested between January and September 2020 in connection with the alleged larger conspiracy behind the communal violence in northeast Delhi in February 2020.
The violence left 53 people dead and hundreds injured.
The accused have been booked under the Unlawful Activities (Prevention) Act (UAPA), the Prevention of Damage to Public Property Act, the Arms Act and various provisions of the Indian Penal Code.
The Delhi Police has alleged that the violence was part of a larger conspiracy to defame the Narendra Modi government and was planned by those involved in organising protests against the Citizenship (Amendment) Act.
While the Supreme Court denied bail to Imam and Khalid earlier this year, it granted bail to co-accused Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Shadab Ahmed and Muhammad Saleem Khan.
