The Supreme Court Today (Oct 25) refused to entertain a petition filed by Sharjeel Imam seeking bail in connection with the Delhi riots larger conspiracy case. Bench said that it is not inclined to entertain the petition since it has been filed directly before the Supreme Court under Article 32 of the Constitution seeking bail. “We are not inclined to entertain the Article 32 plea. The same is dismissed,” the Court remarked. However, it asked the Delhi High Court to expeditiously decide Imam’s pending bail plea.
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NEW DELHI: The Supreme Court declined to hear a bail petition filed by Sharjeel Imam in connection with the alleged larger conspiracy behind the Delhi riots. Imam had filed his plea directly with the Supreme Court under Article 32 of the Indian Constitution, seeking release on bail.
A Bench comprising Justices Bela Trivedi and Satish Chandra Sharma stated,
“We are not inclined to entertain the Article 32 plea. The same is dismissed,”
-as they rejected Imam’s application.
While the Supreme Court opted not to address Imam’s request directly, it directed the Delhi High Court to accelerate its decision on Imam’s pending bail plea, advising the Court to handle it as promptly as possible.
Initially, the Supreme Court moved to dismiss the plea entirely. However, Senior Advocate Siddhartha Dave, representing Imam, clarified that the request was not for immediate bail, but rather to address delays by the Delhi High Court in processing Imam’s case.
“Please note that we are not pressing bail,”
-Dave asserted, emphasizing the need for timely handling by the lower court.
Justice Trivedi questioned Imam’s decision to approach the Supreme Court under Article 32, a provision often used for urgent fundamental rights issues.
She ultimately decided not to take up the petition, formally noting that the plea for bail was not presented before the Supreme Court itself.
“The petitioner has not pressed for prayer A (for bail), and since the bail hearing is before the Delhi High Court, the same is not being heard in High Court since April 29, 2022. High Court to hear the case as expeditiously as possible on the next date of listing,”
-the Supreme Court noted in its official order.
Imam initially moved to the Supreme Court by filing a writ petition after the Delhi High Court rejected his plea on September 4, which sought an early hearing of his bail application.
Arrested in 2020 by Delhi Police, Imam faces charges under the stringent Unlawful Activities Prevention Act (UAPA) for his alleged role in instigating the North-East Delhi riots of February 2020. The prosecution has named him the principal conspirator behind these events.
Imam’s bail request has been pending since April 2022 in the High Court. His petition cited that the case has been listed for hearing over 60 times before seven different benches. He pointed out that a timely trial seems unlikely as the police investigation remains ongoing, with over 1,000 witnesses and countless pages of documents yet to be examined by the Court.
Despite these concerns, the High Court turned down his plea for an early hearing. Consequently, Imam approached the Supreme Court, seeking either bail or a directive for an expedited hearing by the High Court.
Click Here to Read Previous Reports on Sharjeel Imam
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