The Supreme Court declined to hear a petition from Sharjeel Imam seeking bail related to the larger conspiracy case involving the Delhi riots.
A bench comprising Justices Bela Trivedi and Satish Chandra Sharma stated that it is not inclined to entertain the petition, as it has been filed directly in the Supreme Court under Article 32 of the Constitution to seek bail.
"We are not inclined to entertain the Article 32 plea. The same is dismissed," the Court remarked.
However, the Court urged the Delhi High Court to expedite its decision on Imam's pending bail application. Initially, the Supreme Court had outright rejected the plea. Senior Advocate Siddhartha Dave, representing Imam, clarified that they were not currently seeking bail but emphasized the delay in the Delhi High Court's hearings regarding the case.
"Please note that we are not pressing bail," Dave said.
Justice Trivedi inquired about Imam's decision to approach the Supreme Court under Article 32. Ultimately, she declined to entertain the petition, noting that Imam had not sought bail from the top court.
"The petitioner has not pressed for prayer A ( for bail) and since bail hearing is before the Delhi High Court. The same is not being heard in High Court since April 29, 2022. High Court to hear the case as expeditiously as possible on the next date of listing," the Supreme Court said in its order.
Imam filed a writ petition with the Supreme Court after the Delhi High Court rejected his request for an expedited hearing of his bail application on September 4. Arrested by the Delhi Police in 2020 under the stringent Unlawful Activities Prevention Act (UAPA), Sharjeel Imam has been identified as a key conspirator in the North-east Delhi riots of February 2020.
Imam's plea for an early hearing was based on the fact that his bail application has been pending since April 2022. He noted that the petition had been listed for hearing over 60 times before seven different benches. He expressed concerns about the trial's prolonged duration, citing the incomplete police investigation and the need to examine more than 1,000 witnesses along with a substantial volume of documents.
Despite these arguments, the High Court rejected his request. Subsequently, Imam approached the Supreme Court, seeking bail and, alternatively, requesting that the High Court expedite the hearing of his bail plea.
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