Sharjeel Imam Escalates Legal Battle to Supreme Court After Delhi High Court Denies Bail in Riots Conspiracy Case

In a significant development in the ongoing legal saga surrounding the 2020 Delhi riots, student activist Sharjeel Imam has escalated his fight for personal liberty to the highest judicial forum in India. Imam has moved the Supreme Court, challenging the Delhi High Court's recent decision to deny him bail in the intricate "larger conspiracy" case related to the communal violence that gripped the national capital.

The Delhi High Court, on February 15, delivered a ruling that sustained the prosecution's objections, effectively keeping Imam in judicial custody.

The court's order underscored the gravity of the accusations against him, noting that a prima facie case under the stringent Unlawful Activities (Prevention) Act (UAPA) and various sections of the Indian Penal Code (IPC) appeared to be established. This ruling was a major setback for Imam, who has been incarcerated since January 2020, marking over three years of pre-trial detention.

Imam's legal team, in their appeal to the High Court and now the Supreme Court, has consistently argued for his release on the grounds of prolonged custody.

They highlighted that Imam has already spent a considerable period behind bars, a duration that, in their view, approaches or even exceeds a substantial portion of the maximum sentence he could face if ultimately convicted for the alleged offences. He stands accused under a formidable array of UAPA sections, including 13, 16, 17, 18, 18A, 18B, and 20, alongside IPC sections like 120B (criminal conspiracy), 124A (sedition), 153A (promoting enmity between different groups), 341 (wrongful restraint), and 505 (statements conducing to public mischief).

The charges against Sharjeel Imam are intrinsically linked to the broader investigation into the alleged orchestrators and masterminds behind the February 2020 Delhi riots, which resulted in significant loss of life and property.

The prosecution posits that Imam's actions and speeches were part of a premeditated plot to instigate unrest, leading to the violent clashes. This case is one of several high-profile matters that have emerged from the aftermath of the riots, drawing national and international attention to issues of free speech, dissent, and national security.

The Supreme Court's intervention now represents a pivotal moment for Sharjeel Imam and could set important precedents regarding bail jurisprudence, especially in cases involving UAPA.

The legal fraternity and civil rights advocates will keenly watch as the apex court deliberates on the arguments, weighing the right to liberty against the seriousness of the charges and the concerns of national security.