Delhi HC Asks Police to Respond to Sharjeel Imam's Fresh Bail Plea in 2020 Riots Case

The Delhi High Court on Friday sought the response of the Delhi Police on a fresh bail application filed by student activist Sharjeel Imam in the 'larger conspiracy' case linked to the 2020 Northeast Delhi riots. Imam has been in custody for over six-and-a-half years and is seeking bail on grounds of delay in trial and prolonged incarceration.

A trial court had rejected Imam's second bail application on July 4, stating that it had 'no option but to follow' the Supreme Court order dated January 5, 2024, which had denied bail to Imam and fellow activist Umar Khalid while granting bail to five other co-accused. The Supreme Court had held that all accused could not be treated equally due to a 'hierarchy of participation,' placing Imam and Khalid on a 'higher footing' compared to the others granted bail.

The High Court is now considering whether the circumstances have changed sufficiently to warrant reconsideration of bail. The court has asked the police to file their response, and the matter is expected to be heard further next week.

Imam's legal team argued that the prolonged detention without trial violates his fundamental rights under the Constitution. They emphasised that the trial is progressing slowly and that continued incarceration amounts to punitive action before conviction.

The case stems from the February 2020 communal violence in Northeast Delhi, which resulted in numerous deaths and injuries. Imam was arrested in September 2019 under the Unlawful Activities (Prevention) Act (UAPA) for alleged involvement in a conspiracy related to the protests against the Citizenship Amendment Act (CAA) and the subsequent riots.

The Delhi Police, however, have opposed the bail, citing the seriousness of the allegations and the need to ensure that the accused do not influence witnesses or tamper with evidence. The court's decision is awaited.