NEW DELHI: Activist Sharjeel Imam has challenged in the Supreme Court the Delhi High Court order refusing him bail in the UAPA case on the alleged larger conspiracy behind the February 2020 riots in northeast Delhi.
The HC had denied bail to Imam and other accused, holding that there was prima facie evidence to show their participation in the conspiracy. Following this, Imam moved the
Imam has contended that the HC order suffers from serious legal errors. He said the Court failed to apply the correct test for grant of bail under the UAPA and mechanically accepted the prosecution's case.
He argued that his speeches at Jamia Millia Islamia and Shaheen Bagh were part of democratic protest and did not amount to incitement to violence.
The plea also raises the ground of delay, stating that he has been in jail for over five years and the trial has not progressed, which violates his fundamental right to speedy trial.
The police case is that the accused hatched a conspiracy to engineer riots in northeast Delhi to coincide with the visit of the then US President and to defame India internationally.
Imam has been named as one of the main conspirators. In its prosecution, the police have alleged that his speeches were aimed at creating a sense of fear and communal divide.
Imam has denied the charges and said the case against him is based on selective reading of his speeches.
The Supreme Court will take up the plea for hearing new, likely after the Diwali vacation after November 17 and will decide whether Imam is entitled to bail.
