Today(on 4th September), The Delhi High Court has denied Sharjeel Imam’s request for an urgent hearing of his bail petition, with the next hearing set for October 7. Imam’s bail plea, pending for 28 months, challenges a trial court order from April 2022.
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NEW DELHI: Today(on 4th September), The Delhi High Court, rejected the request for an urgent hearing of the bail plea filed by Sharjeel Imam, an accused in the conspiracy related to the 2020 Delhi riots. Despite his plea for an expedited hearing, the court maintained that the case will proceed as scheduled on October 7.
A Division Bench consisting of Justices Suresh Kumar Kait and Girish Kathpalia firmly stated that the bail petition hearing would occur on the pre-scheduled date, saying the case would be-
“heard on October 7, the date already fixed by the Court.”
Sharjeel Imam’s Plea for Urgent Bail Hearing
Sharjeel Imam, accused of being part of a larger conspiracy related to the 2020 Delhi riots, requested the Delhi High Court to expedite the hearing of his bail application. Imam emphasized that his bail petition has been “pending for the last 28 months.”
In his appeal, Imam pointed out that he had previously challenged a trial court decision which had dismissed his bail plea. The appeal against this decision has been pending for a prolonged period of “28 months,” Imam’s legal team highlighted, causing a significant delay in the legal process.
Sharjeel Imam has been in custody since January 28, 2020, after being arrested in connection with the Delhi riots conspiracy case. His legal representatives, Advocates Talib Mustafa and Ahmad Ibrahim, filed a motion for an “early/urgent hearing” of his criminal appeal. The appeal sought to overturn the Karkardooma Court order, dated April 11, 2022, which had dismissed Imam’s regular bail application.
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Timeline of the Appeal
According to the plea, the current appeal was last listed for a final hearing on August 29, 2024. However, on that date, the High Court adjourned the case and rescheduled the final hearing for October 7, 2024. This persistent delay has been a source of frustration for Imam’s defense team.
The plea also underscored that under the provisions of the NIA Act, appeals made under Section 21 of the Act –
“shall as far as possible be disposed of within 3 months from the date of admission of the Appeal.”
Despite this provision, Imam’s appeal has been pending adjudication since April 29, 2022, far exceeding the stipulated timeline.
Multiple Postponements Due to Roster Changes
One reason for the delay, as pointed out in the plea, has been frequent changes in the court’s bench composition. Since the appeal was filed, it has been listed for hearing at least “62 times before seven different division benches.” The constant reshuffling of the court benches due to “roster changes, recusal, and transfer of Judges” has resulted in the hearings never reaching a conclusion.
The last substantial hearing took place before a division bench composed of Justices Suresh Kumar Kait and Manoj Jain. Imam’s defense team completed their arguments on March 19, 2024. However, the arguments for the respondent, the prosecuting agency, began on the same day but could not be completed due to a “paucity of time.” The court had to list the case for further arguments on subsequent dates.
Before the prosecuting agency could conclude their arguments, the appeal was transferred to yet another division bench due to a change in the roster, prolonging the delay in the case.
In the plea, Imam’s defense cited multiple Supreme Court judgments that emphasize the need for bail applications to be “decided expeditiously and preferably within 2-4 weeks.” The plea noted that the Supreme Court has repeatedly issued-
“several guidelines and directions to all the High Courts and District Courts”
to adhere to these timelines. Unfortunately, in Imam’s case, these guidelines have not been followed, leading to an inordinate delay in the decision of his bail application.
Prolonged Incarceration and Impact on Education
Adding to the argument for bail, the plea pointed out that the trial has been pending before the Special Court since 2020. It further highlighted that the investigation by the prosecuting agency is “still ongoing” and that charges have yet to be framed.
The prosecution has indicated plans to examine more than “1000 witnesses” in the case. Furthermore, the documentary evidence being relied upon “runs into lakhs of pages,” adding further complexity and delay to the trial proceedings.
The plea also raised concerns about Imam’s prolonged incarceration, which has now stretched over “four and a half years.” His time in custody has severely impacted his ability to pursue his education. Imam, a PhD student at Jawaharlal Nehru University (JNU) in New Delhi, was in the final year of his PhD in Modern History at the time of his arrest on January 28, 2020. The plea mentioned that his continued imprisonment has made it “impossible for him to pursue his education and graduate with a doctorate degree.”
