New Delhi: 2020 Delhi Riots: Activist Sharjeel Imam on Tuesday contended before the Supreme Court that he had no role in the violence and was incarcerated for almost six years as an undertrial, while seeking bail in a February 2020 Delhi riots case.
The matter was heard by a bench comprising justices Aravind Kumar and N V Anjaria. Senior advocate Siddhartha Dave, representing Sharjeel, submitted that the only thing against his client that the prosecution has placed before the court is the alleged “inflammatory speeches” given by him. Dave contended that some of the words used in the speeches were “unpalatable”.
The bench was informed that Imam already secured bail in the case registered against him for the speech itself, and it is only in the larger conspiracy case registered by the Delhi Police on the basis of that speech that Imam is yet to secure bail.
The bench asked Dave to read Imam’s speeches in Asansol. Dave replied that the wording used by his client in some of the speeches are unpalatable, but he has been in prison for nearly six years. Dave said Sharjeel was arrested on January 28, 2020, and the riots happened in Delhi on February 22-24, 2020.
It was argued before the bench that Imam was not physically present or an accused in any of the cases where the riots actually took place and his speeches can’t be conspiratorial in nature.
“Is a speech by itself conspiratorial in nature? I have shown to your lordships; he gives a call for non-violence. He says you take the beating, don’t attack. …”, contended Dave. He added that the conspiracy involved a meeting of minds and Imam was already in custody almost a month before the riots took place.
“After almost six years in custody, your lordships may kindly consider that he be released on bail particularly when he was not physically present and not an accused in any of those cases, where the actual riots took place,” submitted Dave.
“As a citizen of this country, I have hope and I make a prayer to your lordships that it is almost six years of incarceration. It is a long period for somebody to be an undertrial,” he said.
The hearing in the matter would continue on Wednesday. Besides Dave, senior advocates Salman Khurshid, Sidharth Luthra and others also advanced their submissions on behalf of some other accused in the case.
Delhi Police have strongly opposed the bail pleas of activist Umar Khalid, Sharjeel and others. The police had said the February 2020 riots were not something spontaneous, but an “orchestrated, pre-planned and well-designed” attack on India’s sovereignty.
Umar, Sharjeel and other accused were booked under the Unlawful Activities (Prevention) Act (UAPA), the stringent anti-terror law, and provisions of the erstwhile IPC for allegedly being the “masterminds” of the 2020 riots, which left 53 people dead and over 700 injured.
Sharjeel Imam’s lawyer told court that he was arrested on January 28, 2020, and the riots took place in Delhi on February 22-24, 2020.
