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Sharjeel Imam appeals to Supreme Court for bail in Delhi riots case

Reported by Rituparna Sen (Section Editor) · The Hindu - National ·

Source: The Hindu
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Sharjeel Imam appeals to Supreme Court for bail in Delhi riots casePhoto: Wikimedia Commons

Activist Sharjeel Imam has approached the Supreme Court to challenge a Delhi High Court ruling that denied him bail in a case involving the severe Unlawful Activities Prevention Act. The case stems from allegations of a major conspiracy behind the violent clashes in northeast Delhi in February 2020. In his petition, Mr. Imam argues that he deserves release because the prosecution has not yet questioned any witnesses, while a one-year time limit set by the apex court is close to ending.

Case Details And Background

Court records show that the formal accusation document was submitted to the court on September 25, 2020, listing 18 individuals who face trial alongside more than 900 named witnesses, including 47 individuals granted special identity protection. Mr. Imam points out that despite spending nearly seven years behind bars as an undertrial prisoner, authorities have not managed to question even a single witness. The Delhi High Court previously turned down his bail request on September 30, alongside fellow activist Umar Khalid, stating that judicial rules prevent them from altering a prior Supreme Court direction. That January 5 directive stated the two men could seek bail only after protected witnesses finish testifying or after the expiry of a full year, whichever happens first. Both men faced repeated rejections at the trial court level before taking the matter to the high court.

Context

The 2020 violence in northeast Delhi erupted during widespread street demonstrations against the controversial Citizenship Amendment Act and the National Register of Citizens. Cases filed under the Unlawful Activities Prevention Act often involve stringent legal hurdles that make securing bail difficult for undertrials, leading to prolonged periods of incarceration while court proceedings remain pending. Investigations into the alleged larger conspiracy are currently being handled by the special cell of the Delhi Police.

ExplainerWhy this matters

What Happened

Activist Sharjeel Imam has asked the Supreme Court to grant him bail in a strict anti-terror case tied to the 2020 Delhi riots, arguing that the trial has stalled and the prosecution has failed to examine any witnesses despite his years in custody.

Why It Matters

This case highlights the heavy legal hurdles and prolonged detention periods faced by undertrials under stringent laws like the Unlawful Activities Prevention Act, where securing bail is exceptionally difficult and statutory timelines can clash with slow-moving judicial trials.

What Happens Next

The Supreme Court will examine the petition to decide whether the failure to question witnesses and the nearing expiration of its previously set time limit warrant granting bail to the accused.

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