New Delhi, Nov. 5 -- Activist Sharjeel Imam has moved the Supreme Court against a Delhi High Court order refusing him bail in an Unlawful Activities (Prevention) Act (UAPA) case on the "larger conspiracy" behind the February 2020 riots in northeast Delhi.
In his plea before the top court, Imam contended that he should be granted bail as the prosecution has failed to examine witnesses and the one-year embargo imposed by the top court is about to expire. The petition contended that the chargesheet was filed on September 25, 2020, in which 18 accused face trial and the prosecution has cited more than 900 witnesses, including 47 protected witnesses.
Imam submitted that despite spending six years and nine months as undertrial, the prosecution has failed to examine even a single witness.
The Delhi High Court on September 30 refused to grant bail to activists Umar Khalid and Imam in a case under UAPA on the "larger conspiracy" behind the February 2020 northeast Delhi riots.
Asserting that it is bound by "judicial discipline", the high court said it could not modify the Supreme Court's January 5 order asking the two accused to seek bail either on completion of protected witnesses' examination or expiry of one year, whichever is earlier.
Khalid and Imam challenged the trial court's July 4 decision rejecting their bail pleas for the third time since their arrest.
Khalid and Imam remain in custody under UAPA over the 2020 riots conspiracy case. The Supreme Court upheld the denial of bail, citing a prima facie case, but allowed fresh pleas after protected witnesses are examined or one
year elapses.
Published by HT Digital Content Services with permission from Millennium Post.