Delhi riots case: Sharjeel moves Supreme Court against HC order denying him bail

Four days after the Delhi High Court rejected the bail plea of former JNU students Sharjeel Imam, Umar Khalid and eight others in the larger conspiracy case linked to the 2020 North-east Delhi riots, Imam on Saturday moved the Supreme Court against the denial of bail by the High Court.

Imam’s petition challenging the Delhi High Court’s September 2 order has yet to be listed for hearing before the top court.

Arrested on January 28, 2020, from Jehanabad in Bihar, Imam has been in jail for more than five-and-a-half years.

A Division Bench of Justice Navin Chawla and Justice Shalinder Kaur had rejected the bail pleas of Sharjeel Imam, Umar Khalid, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Shadab Ahmed, Abdul Khalid Saifi and Gulfisha Fatima, saying they did not deserve parity with co-accused Devangana Kalita and Natasha Narwal who were granted bail in September 2020.

“It is trite in law that merely because co-accused persons have been granted bail, would not, by itself, entitle the other accused to bail; there are other considerations and factors which weigh in for considering parity,” the High court said.

“In our prima facie view, the role ascribed to the present Appellant, as reflected from the material on record, is distinct than that of the co-accused Devangana Kalita and Natasha Narwal in the alleged conspiracy,” the high court said, concluding that “the ground of parity is not made out in favour of the Appellants.”

The bail plea of accused Tasleem Ahmed was dismissed by another Delhi HC Bench of Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar.

The High Court had held that the Constitution affords citizens the right to protest and carry out demonstrations or agitations, provided they are orderly, peaceful and without arms and such actions must be within the bounds of law.

The accused, including Imam, are facing charges of criminal conspiracy, sedition, promoting enmity between various groups, making statements conducing to public mischief under the IPC and Section 13 of the Unlawful Activities (Prevention) Act, 1967 for questioning the sovereignty, unity, or territorial integrity of India and causing disaffection against it.

Imam and several other persons were booked under the anti-terror law -- UAPA and certain provisions of the Indian Penal Code for allegedly being the “masterminds” the "larger conspiracy" behind the February 2020 Delhi riots during the visit of the then US President Donald Trump that claimed 53 lives and left more than 700 injured. The violence had erupted during the protests against Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).

Besides demanding parity with co-accused Kalita and Narwal, the 10 accused had also sought bail on the ground that they have been in jail for over five years and the trial was likely to take more time to conclude.

However, the HC rejected their second argument as well. “With respect to the argument of delay and prolonged incarceration… the present case involves complex issues, and the trial is progressing at a natural pace. After giving our careful and thoughtful consideration to the facts and circumstances of the present case as well as reasons outlined above, the Appeal does not succeed,” it said.