2020 Delhi riots: Court denies interim bail to Sharjeel Imam

A Delhi court on Saturday denied interim bail to former JNU student Sharjeel Imam in a case related to an alleged conspiracy behind the 2020 northeast Delhi riots.

The court also declined the verbal request of Imam's counsel to stay the proceedings in the ongoing trial.

Additional Sessions Judge Amitabh Rawat said as the court had already framed charges against Imam and also rejected his bail plea on January 24, 2022, it could not pass an order again on the merits of the case.

"The merits of the case cannot be agitated once again in an interim bail application in view of the disposal of the previous bail application and orders on (framing of) charges," the judge said.

Earlier, the court had ordered the framing of charges against Imam under various IPC sections, including 124 (sedition), and Section 13 of the Unlawful Activities (Prevention) Act (UAPA).

The judge also highlighted that interim bail applications can only be considered in case of emergencies, like a medical condition.

Noting the arguments of Special Public Prosecutor Amit Prasad, the judge said while the Supreme Court had directed all pending trials under Section 124 A to be kept in abeyance, it did not issue directions for grant of interim bail to the accused.

"Adjudication with respect to other sections can proceed if the court is of the view that no prejudice would be caused to the accused," the judge said.

Rejecting the submission of Imam's counsel Ahmad Ibrahim that Section 13 of UAPA was not applicable in the case, the judge said it was a "completely misplaced argument".

Judge Rawat said the court could continue examining witnesses, such as forensic experts or other experts. He has now listed the matter for prosecution evidence on August 22, 2022.

Imam is accused of making inflammatory speeches against the government on the Citizenship (Amendment) Act and the National Register of Citizens (NRC), particularly at the Jamia Milia Islamia University in December 2019, which allegedly led to violence in the area outside the university.

He is also facing sedition charges for his alleged inflammatory speeches and is in judicial custody since January 2020.

The Delhi Police had filed a charge sheet against Imam in the case, alleging that he gave speeches inciting hatred, contempt, and disaffection towards the central government and instigated the people which led to violence in December 2019.