Sharjeel Imam, accused in the February 2020 Delhi riots, argues in the Delhi High Court that he was “completely disconnected” from Umar Khalid and the events surrounding the violence. His counsel seeks compassionate bail after five years in custody.
New Delhi: On Thursday, activist Sharjeel Imam, who is accused in the February 2020 Delhi riots case, argued before the Delhi High Court that he was “completely disconnected” from the place, time, and other co-accused involved, including Umar Khalid.
Imam’s counsel, in a heartfelt plea, urged the bench of Justices Navin Chawla and Shalinder Kaur to show “compassion” while considering his bail request.
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The lawyer emphasized that Imam’s speeches and WhatsApp chats never incited unrest.
Imam’s counsel said,
“This boy has spent more than five years in continuous custody. He is the breadwinner. He has an old ailing mother and no father,” highlighting the personal and emotional toll of his prolonged imprisonment.
Imam’s legal team pointed out that the activist had not even been in Delhi after January 15, 2020.
They argued that Imam was arrested in his hometown in Bihar on January 28, 2020, in a separate case, and as such, he did not participate in any of the “conspiratorial” meetings that are central to the prosecution’s case.
Imam’s counsel also categorically denied the prosecution’s claim that Imam had engaged in any conspiratorial communication.
the lawyer asserted,
“He was not even in purported main WhatsApp group where chakka jams were discussed,”
He also added that the WhatsApp group Imam was a part of did not contain any messages that could “remotely incite violence.”
The counsel argued that
“There is not a single message shown to show one community was pitted against another…One evidence of violence versus 40 evidence of non-violence demolish the case of the prosecution.”
Imam’s lawyer also addressed a claim made by a witness, who allegedly said that Imam was “related to Umar Khalid and some other accused.”
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Imam’s counsel rejected this assertion, stating that there was no such connection between the two.
Additionally, Imam’s lawyer reminded the court that Imam was already facing prosecution in separate cases, including sedition and hate speech allegations, in which he had been granted bail.
The lawyer cited previous judicial rulings that had found there was no violence directly resulting from Imam’s speeches.
In regard to the Shaheen Bagh protest, which was a focal point of the riots, Imam’s lawyer clarified that Imam had distanced himself from the protest site on January 2, 2020.
Imam was apprehensive about the involvement of miscreants and chose to stay away from the site.
The lawyer argued that the present case should not be confused with the violence that had occurred earlier in December 2019 at Jamia Millia Islamia.
Imam, along with Umar Khalid and several others, has been booked under the Unlawful Activities (Prevention) Act (UAPA) and other provisions of the Indian Penal Code for allegedly masterminding the February 2020 Delhi riots.
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The violence during the protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) resulted in the deaths of 53 people and left over 700 injured.
Sharjeel Imam was arrested in connection with the case on August 25, 2020, and has since been in judicial custody. The Delhi High Court has scheduled the next hearing of the matter for May 21.
Imam’s bail plea remains a highly debated issue, with his defense team emphasizing his lack of involvement in the violence, while the prosecution maintains that he played a central role in the orchestrating the riots.
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