Delhi Riots Case 2020: HC dismisses Sharjeel Imam's plea for early hearing of his bail

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The Delhi High Court (HC) on Wednesday dismissed 2020 riots accused Sharjeel Imam's request, seeking an early hearing on his bail petition listed on October 7. Imam, who is an accused in the larger conspiracy of Delhi Riots, is in custody since January 28, 2020, ANI reported.

He said that he had challenged the trial court order dismissing his bail plea and the appeal against it is pending for the past 28 months.

However, his plea was dismissed by HC's division bench, headed by Justice Suresh Kumar Kait, who said that the matter is listed on October 7 at a fixed time and that there is no need for preponement of the hearing.

Advocates Talib Mustafa and Ahmad Ibrahim moved a plea on behalf of Imam for an early/urgent hearing of Criminal Appeal, seeking that the order passed by the Karkardooma Court on April 11, 2022, be set aside.

The plea stated that the present appeal was last listed for final hearing on August 29. However, HC adjourned the matter on that day and listed it for final hearing on October 7.

It is stated that the provisions of the National Investigation Agency (NIA) Act that appeals preferred under section 21 shall as far as possible be disposed of within a period of three months from the date of admission of the appeal. His petition also stated that the present appeal has been pending adjudication before HC since August 29. It is mentioned that as the issuance of notice, the present appeal has been listed for hearing at least 62 times before seven different division benches.

On account of frequent changes in the composition of benches owing to roster change, recusal and transfer of judges, the hearing in the matter never concluded, thereby having led to a fresh cycle of hearing beginning every such time, the plea further stated. According to his petition, the last substantial hearing in the present appeal took place before the division bench, comprising Justices Kait and Manoj Jain.

The appellant concluded his arguments before the said bench on March 19, and the arguments on behalf of the respondent began on the same date. However, owing to paucity of time, the same could not be concluded. The court listed the present appeal to be listed for further arguments on different dates.

However, before the arguments of the respondent could conclude, the present appeal was listed before another division bench owing to change in the roster, the plea stated.

It is submitted that the Supreme Court in several judgments held that bail applications ought to be decided expeditiously and preferably within two-four weeks and several guidelines/directions have also been repeatedly issued to all HCs and District Courts to scrupulously follow the timeline so indicate.

The plea also mentioned that the trial in the present matter has been pending before the Special Court since 2020. However, the investigation by the prosecuting agency is still ongoing and charges have not yet been framed so far, it added.

It is said, "The prosecution seeks to examine more than 1,000 witnesses in the matter and the documents being relied upon run into lakhs of pages."

It is also stated that on account of Imam's continued incarceration for almost four to four-and-a-half years, he is unable to pursue his education and graduate with a doctorate degree. Imam is a Ph D student, and at the time of his arrest on January 28, 2020, was in his final year of pursuing the Modern History course from Jawaharlal Nehru University New Delhi.

(With ANI inputs)