Delhi riots case: Sharjeel Imam moves SC seeking bail
What's the story
Former Jawaharlal Nehru University student Sharjeel Imam has approached the Supreme Court for bail in a case related to the 2020 North-East Delhi riots. The case is linked to an alleged larger conspiracy under the Unlawful Activities (Prevention) Act (UAPA). Imam's plea challenges a September 2 order of the Delhi High Court, which denied him bail.
Bail denial
Umar Khalid, 7 others denied bail
The Delhi High Court had also denied bail to co-accused Umar Khalid and seven others in the case. The court had observed that Imam and Khalid's roles appeared "prima facie grave," as they allegedly delivered communal speeches to mobilize the Muslim community. The police claim the accused were part of a conspiracy to incite terrorist acts by organizing anti-Citizenship Amendment Act protests across Delhi from 2019-20.
Evidence and trial
HC on why bail under UAPA can't be granted
The court noted that bail under UAPA can't be granted if the accusations are prima facie true. It also highlighted ongoing witness testimony and potential tampering risks. Arguments based on prolonged incarceration were dismissed as insufficient for bail in UAPA cases due to complex investigations involving thousands of pages of evidence. The court stressed trials should proceed at their natural pace without compromising societal interests or accused's rights.
Trial delays
Imam's plea in SC raises constitutional questions
Imam's plea in the Supreme Court emphasizes delays in his trial due to multiple supplementary charge sheets and numerous witnesses. It raises constitutional questions on equal protection before law, free speech rights, speedy trial rights, and liberty under UAPA provisions. The case will test how the Supreme Court balances past bail rulings with UAPA's stringent requirements for securing bail.