Sharjeel Imam's Prolonged Detention: A High Court Battle for Bail in Delhi Riots Case

In a significant legal development, activist Sharjeel Imam has escalated his fight for freedom, moving the Delhi High Court to seek bail in a Unlawful Activities (Prevention) Act (UAPA) case connected to the harrowing 2020 Delhi riots. Imam, who has been held in judicial custody for a staggering three and a half years, argues vehemently for his release, emphasizing the protracted nature of his incarceration and the glacial pace of the ongoing trial.

Imam's appeal comes after a trial court previously denied his bail application, a decision he is now challenging.

His legal team highlights that despite the serious charges, he has already been discharged in several other cases related to the same riots, suggesting a pattern that should weigh in favor of his current plea. The core of his argument rests on the fundamental principle of speedy justice, questioning the legitimacy of continued detention when the trial shows no immediate signs of conclusion.

However, the prosecution, represented by the Special Public Prosecutor (SPP), remains steadfast in its opposition to Imam's bail.

They contend that the gravity of the charges under UAPA, a stringent anti-terror law, warrants his continued custody. The prosecution maintains that Imam's alleged inflammatory speeches played a crucial role in instigating the widespread violence that gripped parts of North-East Delhi, leading to significant loss of life and property.

The case is currently being heard by a Division Bench of the Delhi High Court, comprising Justice Suresh Kumar Kait and Justice Manoj Jain.

During the proceedings, Imam’s counsel meticulously presented arguments underscoring the excessive period of his client's detention and the practical hurdles faced in completing the trial within a reasonable timeframe. The defence hopes to convince the bench that the prolonged custody, without a clear path to trial completion, infringes upon Imam's constitutional rights.

Sharjeel Imam faces an array of serious charges, including sedition, promoting enmity between different groups, and various sections of the UAPA.

The central allegation against him revolves around a purported conspiracy to instigate the Delhi riots through his speeches, which authorities claim incited public unrest and violence. As the legal battle unfolds, the Delhi High Court's decision will be closely watched, not just for its implications for Imam, but also for its broader impact on cases involving prolonged detention under stringent laws like UAPA.