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The Delhi High Court Friday adjourned the bail appeal of Sharjeel Imam, an accused in the Delhi Police’s alleged “large conspiracy” case pertaining to the 2020 North East Delhi riots.
Imam’s counsel had moved an adjournment slip before a division bench of Justice Siddharth Mridul and Justice Rajnish Bhatnagar on the ground that the high court in its judgment of October 18 denying activist Umar Khalid’s bail appeal had made “certain observations qua Imam” without his bail appeal being heard.
The adjournment slip said that the observation was passed without Imam’s bail appeal being heard and it is “incumbent on him to seek further legal advice and to explore a possibility of a further legal remedy” before his bail appeal is heard.
On this point, Justice Mridul orally remarked, “We can accommodate you but to say that you are seeking legal advice in another matter (and) can’t be a ground…You ask for an adjournment simpliciter that we may consider, but don’t make legal arguments and then ask for an adjournment. Don’t put all of this on record…can this be done?”
The high court thereafter adjourned the matter at the “request of Imam’s counsel Ahmad Ibrahim, which was not opposed to by Special Public Prosecutor Amit Prasad, appearing on behalf of the state of Delhi”. At the “specific request of Imam’s counsel” the high court listed the matter for hearing after six weeks on December 16.
The division bench on October 18 had dismissed Khalid’s bail appeal, who has been booked by the Delhi Police under various provisions of the Unlawful Activities Prevention Act (UAPA) 1967, Prevention of Damage to Public Property Act (PDPP) Act, 1984, and Arms Act in the case. Khalid, who has been in jail for over two years, had challenged a March 24 order of the trial court which rejected his application for grant of regular bail. In the 52-page judgment, the hight court takes note of the chargesheet filed by the Delhi Police referring to Imam as the “main conspirator” further noting that Imam was the main member of a WhatsApp group of Muslim Students of JNU which was formed one or two days after the Citizenship Amendment Bill was passed on December 4, 2019.
Denying bail to Khalid, the high court had observed, “Having heard learned counsel for the parties and having carefully gone through the charge-sheet and taking into consideration the fact that the Appellant was in constant touch with other co-accused persons, including Sharjeel Imam, who arguably is at the head of the Conspiracy; at this stage, it is difficult to form an opinion that there are not reasonable grounds for believing that the accusation against the petitioner is prima facie not proved.”
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