Delhi High Court Issues Notice in Sharjeel Imam’s Bail Application Amid 2020 Riots Case

The Delhi High Court on Friday issued a notice in the bail application of student activist Sharjeel Imam, who is facing charges in the broader conspiracy case linked to the February 2020 Delhi riots, according to court records and reports from multiple news outlets. The move comes after the trial court denied his bail in July 2023, citing procedural and legal grounds.

Court Proceedings and Legal Arguments

A bench of Justices Prathiba M. Singh and Vikas Mahajan directed the Delhi Police to respond to the bail plea and scheduled the next hearing for August 27, 2023. Sharjeel’s lawyers, Ibrahim and Talib Mustafa, argued that the trial court erred in dismissing the application, stating that no progress had been made in the case since the Supreme Court rejected similar bail pleas in January 2023.

The trial court, led by Additional Sessions Judge Sameer Bajpai, had previously ruled that there were no grounds to reconsider the bail plea, citing the lack of changed circumstances. The court referenced the Supreme Court’s “serious reservations” about the reasoning in the January 5 Gulfisha Fatima case, which had set a precedent for evaluating bail applications under the Unlawful Activities (Prevention) Act (UAPA).

Opposing the plea, Additional Solicitor General SV Raju argued that the trial court had already considered the delay in the case when rejecting bail. He emphasized that significant time had been spent on framing charges and stated that the police would file a detailed response to the application.

Context of the 2020 Delhi Riots

The February 2020 riots erupted following protests against the Citizenship Amendment Act (CAA), resulting in 53 deaths and hundreds of injuries, according to official records. Sharjeel Imam and fellow activist Umar Khalid were arrested in January 2020 under UAPA, accused of being “intellectual architects” of the violence.

In a separate development, a Delhi court granted Sharjeel interim bail in July 2023 to attend his brother’s wedding, highlighting the prolonged nature of the legal proceedings. However, this temporary relief did not address the broader bail application now under review by the High Court.

Legal Precedents and Implications

The case hinges on the interpretation of Section 43D(5) of the UAPA, which allows for bail in cases of prolonged detention. The Supreme Court’s 2021 ruling in *Union of India vs. KA Najeeb* emphasized that delays in trial could override statutory restrictions on bail.

Sharjeel’s legal team has criticized the trial court’s reliance on the January 2023 judgment, arguing that the Supreme Court’s subsequent reservations in the Gulfisha Fatima case necessitate a reevaluation.

Next Steps and Public Reaction

The Delhi Police have not yet released a formal statement on the High Court’s order, but sources indicate they will file a detailed response to the bail application.

The next hearing on August 27, 2023, will determine whether Sharjeel’s bail application moves forward.