Sharjeel Imam, implicated in the 2020 Delhi riots, has moved the Supreme Court, contesting the denial of bail by the Delhi High Court. The High Court had previously dismissed the bail petitions of Imam and other co-accused, holding that violence committed under the guise of protest is not protected by freedom of expression.
To challenge this decision, Imam has filed a petition in the Supreme Court, seeking a review and requesting bail. The case is pending listing for a hearing in the Supreme Court.
**High Court’s Rejection of Bail**
The Delhi High Court, on September 2nd, denied bail to Sharjeel Imam and co-defendants, including Umar Khalid, Athar Khan, Khalid Saifi, Mohammad Salim Khan, Shifa-ur-Rehman, Meeraan Haider, Gulfisha Fatima, and Shadab Ahmed. The court’s stance was that violence under the banner of protest cannot be considered as an exercise of freedom of speech. The bench, comprised of Justices Navin Chawla and Shalinder Kaur, rejected the bail applications of Imam and seven others.
**High Court’s Rationale**
When rejecting the bail applications of Sharjeel and Umar Khalid, the court noted their apparent serious roles. The court found they made provocative speeches based on communal lines and instigated the Muslim community to gather in large numbers. The court made it clear that the legal proceedings should proceed at their natural pace and rushing the trial would be unfair to the accused and the state.
**Charges Against Sharjeel Imam**
The case relates to the violence that took place in North-East Delhi in February 2020 during demonstrations against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). Sharjeel Imam is accused of orchestrating the riots. The court reserved its judgment on July 9 following the petitions filed in 2022, 2023, and 2024.
**Prosecution’s Arguments**
The prosecution countered the arguments, asserting that the riots were pre-planned rather than spontaneous. They presented it as a calculated and dangerous conspiracy. Imam was arrested on January 28, 2020.
**The Toll of the Violence**
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” behind the riots. These riots erupted during protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). The violence resulted in the deaths of 53 people, and over 700 were injured.