The legal troubles of Sharjeel Imam, one of the most high-profile detainees linked to the 2020 Delhi riots conspiracy case, took another turn on Friday when the Supreme Court of India refused to entertain his bail plea under Article 32 of the Constitution. However, the top court granted Imam a critical reprieve by directing the Delhi High Court to expedite the hearing of his long-pending bail application, with the next hearing date set for November 25, 2024.
Sharjeel Imam, a former JNU student and activist, has been imprisoned under the stringent Unlawful Activities Prevention Act (UAPA) for his alleged role as a principal conspirator in orchestrating the Delhi riots. The violence, which erupted in February 2020, claimed over 50 lives and left hundreds injured, leading to one of the most polarizing communal conflicts in recent years.
The Supreme Court’s Verdict
The case, heard by a Bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma, centered on the fact that Imam had directly approached the Supreme Court under Article 32, which allows citizens to move the apex court for enforcement of their fundamental rights. However, the Bench was clear in its stance: bail matters, particularly in cases involving terrorism-related charges, should first be adjudicated in the appropriate lower courts.
“We are not inclined to entertain the Article 32 plea. The same is dismissed,” said the Bench in its brief but clear verdict. However, despite dismissing the petition, the court did take note of the delays in the hearing of Imam’s bail plea in the Delhi High Court. Recognizing this as a concern, the Supreme Court directed the Delhi High Court to give the matter urgent consideration.
Delays in the Delhi High Court
Senior Advocate Siddhartha Dave, representing Imam, argued that the delay in the Delhi High Court’s hearing of the bail application had severely impacted his client’s right to a fair and speedy trial. According to Dave, the bail plea had been listed for hearing more than 60 times since it was filed in April 2022. However, due to various adjournments and changes in benches, the case had seen little to no progress.
Dave emphasized that Sharjeel Imam had already spent nearly four years in custody since his arrest in 2020, with no clear timeline for the conclusion of the trial. “The case involves more than 1,000 witnesses, and lakh of pages of documents are to be examined. Given the pace of the proceedings, there is no likelihood of the trial concluding anytime soon,” Dave pointed out.
The advocate clarified that while Imam was not pressing for immediate bail, his petition under Article 32 was aimed at drawing attention to the unreasonable delays in his case. “Please note that we are not pressing bail,” Dave said, stressing the procedural delays as the core issue.
Justice Bela Trivedi, however, questioned why Imam had approached the Supreme Court directly under Article 32 instead of continuing with the process in the Delhi High Court. Eventually, the Supreme Court chose to dismiss the plea but noted in its order that Imam’s counsel had not pressed for bail before the apex court.
“This being the writ petition filed under Article 32 of the Constitution of India, we are not inclined to entertain the same. However, the petitioner shall be at liberty to request the High Court to hear the said appeal as expeditiously as possible and preferably on the next date fixed, i.e., 25.11.2024, and it is expected that the High Court shall consider the said request,” the Supreme Court stated in its order.
The 2020 Delhi Riots Conspiracy Case
Sharjeel Imam was arrested in 2020, with the Delhi Police charging him under the UAPA for his alleged role in inciting violence during the Delhi riots. Imam had come into the national spotlight earlier for his speeches during the anti-CAA protests, which were seen as inflammatory by the authorities. The prosecution has painted Imam as the key conspirator behind the riots, accusing him of mobilizing protests that escalated into widespread violence in North-East Delhi.
The riots took place in February 2020, coinciding with U.S. President Donald Trump’s visit to India. The violence led to clashes between pro-CAA and anti-CAA protesters, resulting in the death of over 50 individuals, most of them from the minority community. Property worth crores was damaged, and hundreds of people were displaced due to the violence.
Sharjeel Imam’s role has been a matter of intense public scrutiny, with the Delhi Police alleging that his speeches and actions were directly responsible for triggering the communal violence. His arrest under the UAPA means that he faces stringent bail conditions, making it more challenging to secure release.
Timeline of Imam’s Bail Plea
Imam’s bail plea has been pending before the Delhi High Court since April 2022. The delays have been attributed to a combination of legal complexities and administrative issues, with the case being listed before different benches multiple times. Each time, the hearing was adjourned, contributing to a mounting backlog.
The frustration over these delays was a key factor in Imam’s decision to approach the Supreme Court under Article 32. His legal team argued that the delays were not just procedural but had turned into an infringement of his fundamental rights. Despite this, the Supreme Court maintained that such matters should be handled by the lower courts and dismissed the Article 32 plea.
The Way Forward: Expedited Hearing in the Delhi High Court
With the Supreme Court’s directive, attention now shifts back to the Delhi High Court, where Imam’s bail application will be heard on November 25, 2024. The Supreme Court has made it clear that the High Court should consider Imam’s request for an expedited hearing.
This directive from the apex court may bring some relief to Imam and his legal team, who have been fighting for a swifter resolution to his bail plea. However, the larger conspiracy case in which Imam is implicated remains far from resolution. With over a thousand witnesses and extensive documentation, the trial could continue for several more years unless decisive steps are taken to expedite the proceedings.
Sharjeel Imam’s legal battles reflect the complexities and challenges of high-profile cases under the UAPA. While his Article 32 plea for bail was dismissed by the Supreme Court, the order to expedite the Delhi High Court’s hearing offers a glimmer of hope for the embattled activist. As the November 25 hearing approaches, all eyes will be on the Delhi High Court to see if it can finally bring some closure to the long-pending bail plea, a key moment in Imam’s ongoing legal struggle.