Delhi riots: HC adjourns hearing bail plea of Sharjeel Imam for six weeks

Sharjeel Imam. File pic

The Delhi High court on Friday adjourned the hearing on the bail plea of Sharjeel Imam for six weeks at the request of his counsel. He is an accused in the larger conspiracy of the February 2020 Delhi riots.

In this case, the High Court dismissed Umar Khalid's appeal against a lower court order denying him bail.

Special Bench comprising justices Sidharth Mridul and Rajanish Bhatnagar adjourned the hearing on bail of Sharjeel Imam for December 16, 2022 at the request of Advocate Ahmad Ibrahim.

Ahmed Ibrahim sought an adjournment for six weeks for the preparation of the case. All other matters related to bail applications of other accused for November 18, 2022. Special public prosecutor Amit Prasad argued on the plea against bail granted to Ishrat Jahan in the matter.

Also read: Sharjeel Imam gets bail in sedition case, will remain in custody in other cases

Amit Prasad submitted that the bail order is illegal. The trial court had admitted that there is a bar of UAPA and 437 Cr.P.C. but still granted bail as the accused is a woman.

The bench said that for cancellation of bail you will have to show that there is a violation of bail conditions and whether this appeal is maintainable or not.

A Delhi Court on April 11, 2022 dismissed the bail plea of Sharjeel Imam in a larger conspiracy case connected with the Northeast Delhi Violence of February 2020. He was booked under sections of UAPA and IPC for rioting, sedition, giving provocative speeches, and conspiracy with other offences.

It is alleged that Sharjeel Imam was the first person to act after passing of the resolution by the Cabinet Committee to present the Citizen Amendment Bill (CAB) in both houses of Parliament on 4 December 2019 and Muslim Students of JNU (MSJ) was formed over the following days and propagated the idea of disruptive chakka jam.

JNU scholar Sharjeel was arrested on January 28, 2020.

Additional Session Judge at Karkardooma Court had dismissed the bail plea of Sharjeel Imam observing, "On the perusal of the charge sheet and accompanying documents, I am of the opinion that the allegation against the accused Sharjeel Imam is prima facie true."

The Court also noted in the order that since there are reasonable grounds for believing that the accusation against the accused are prima facie true, hence, the embargo created by Section 43D of UAPA applied for a grant of bail and also, the embargo contained in Section 437 Cr.P.C.

Advocate Tanvir Ahmed Mir argued that no case of conspiracy is made out as there has to be a meeting of minds, which is not the case here. The prosecution has taken bits and pieces like one Whatsapp group MSJ or one photograph of 8 December 2019. The said meeting does not show that any discussion or riots took place. Even the statement of witness BOND at best, states that the accused along with Umar Khalid urged the students to do chakka jam. He had no connectivity with any of the co-accused persons.

Counsel for the accused also argued that the speeches of the accused shows that he only called for peaceful protest or chakka jaam which has been in India for years. The speeches must be read in totality. The accused is wrongly labeled as religious extremist.

Advocate Mir further argued that the accused is not named in the FIR. Neither is UAPA made out nor is Section 124-A (Sedition) IPC. He was arrested on 28 January 2020 and he cannot be held accountable for any meeting or event subsequent to that leading upto riots. There is no chain of events required in any conspiracy and the entire allegation cannot amount to terrorist act under UAPA.

On the other hand, opposing the bail plea Special Public Prosecutor (SPP) Amit Prasad referred to the statement of Romeo (protected witness) that on 15 December 2019 the protest against CAA/NRC was started at Shaheen Bagh by Sharjeel Imam, Sarjil Usmani, Amanatullah and others. The said protest was organized from Al - Habibi Masjid. They used to give provocative speeches. They provoked people to come out of their houses and to do chakka jam at different places to pressurise the government. Sharjeel Imam said that numerous Shaheen Bagh have to be created in the country.

SPP Amit Prasad had submitted that Sharjeel Imam was a member of the Whatsapp group of MSJ. Sharjeel participated in the protest call/agitation by UAH at Jantar Mantar on 7 December which was attended by accused Umar Khalid (MSJ, UAH and DPSG), Yogender Yadav, accused Khalid Saifi (UAH and DPSG)

Amit Prasad argued that Sharjeel Imam went to the Khureji protest site on 15 January 2020 and gave a speech for mobilisation. The accused was arrested on 28 January, however, in a case of conspiracy, it is not necessary that all accused persons should play all the roles in the entire sequence and it is enough that one accused takes part in the conspiracy and does acts in pursuance of it. There are statements of witnesses Bond, Romeo, James, Tahira Daud, which talk about the role of accused Sharjeel Imam.

According to Delhi Police, 53 people died and hundreds were injured during the northeast Delhi Violence in February 2020.

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