Sharjeel Imam.
Credit: PTI Photo
New Delhi: The Supreme Court on Friday refused to entertain a writ petition by former JNU student Sharjeel Imam for release but directed the Delhi High Court to consider his bail application expeditiously.
A bench of Justices Bela M Trivedi and S C Sharma said it was not keen to entertain the matter, which also sought bail under Article 32 of the Constitution.
Imam’s counsel submitted that his client’s bail has been pending since 2022.
Imam is accused in an Unlawful Activities Prevention Act (UAPA) case linked to the 2020 Delhi riots, which left 53 people dead and over 700 injured.
Senior advocate Siddharth Dave, appearing for Imam, submitted that he is not pressing for bail at this stage but his client’s bail plea has been pending since 2022.
“I will come before this court, if it is not allowed. This court is the repository under the Constitution for all fundamental rights. We have no other court. Please ask (the high court). Please make some observations. Let it be heard, I only want a hearing,” Dave said.
The bench said it is not inclined to entertain a petition filed under Article 32 of the Constitution and noted the high court would be hearing the case on November 25.
The counsel said that Imam's appeal challenging the rejection of bail was filed on April 29, 2022, and it was adjourned several times.
"This being the writ petition filed under Article 32 of the constitution, we are not inclined to entertain the same. However, the petitioner shall be at liberty to request the High Court to hear the bail application as expeditiously as possible, preferably on November 25, as fixed by the High Court. The High Court shall consider the said request," the bench said.
Imam and several others were booked under the stringent provisions of UAPA and the Indian Penal Code for allegedly being the “masterminds” of a "larger conspiracy" behind the February 2020 riots in Delhi that erupted during the protests against the CAA and NRC.