The Delhi High Court on Friday issued notice to the Government of the National Capital Territory (NCT) of Delhi on fresh appeal moved by Sharjeel Imam challenging a trial court order which refused granting him bail in a larger conspiracy case related to the North East Delhi violence matter.
The Delhi High Court also said that the appeal moved by the former Jawaharlal Nehru University (JNU) student leader Umar Khalid in the same case will be heard together with Sharjeel Imam on May 6 since both of them are accused in the same chargesheet of the same case.
Sharjeel Imam in his appeal filed through Advocate Ahmed Ibrahim has stated that the Special Trial Court has failed to appreciate that the entire investigation is faulty and the charge sheet attributes events to the speeches of the appellant to incidents of violence that are not connected in any direct or indirect way to the appellant even as per the material relied upon in the charge sheet.
It is also stated that at the time, when the violence broke out in Northeast Delhi, the appellant was already in custody in two other FIRs registered at the Crime Branch and New Friends Colony and no overt act or covert act at this time period can possibly be attributed to the appellant in the manner sought to be done by the investigation agency.
In the matter of Umar Khalid, the Delhi HC on the last date of hearing (on Thursday) had asked whether it is proper to use the word ‘jumla’ with respect to the Prime Minister and said that there has to be a line or a “Lakshman Rekha” while criticising the government.
The Court had asked questions during the hearing of an appeal moved by Umar Khalid challenging the trial court order refusing bail in a larger conspiracy case related to North East Delhi Violence.
Appearing for Khalid, Senior Advocate Trideep Pais in defence submitted that the common intention was only a peaceful protest and no type of instigation or incitement for any violence. The galvanising of troop idea would have come if this speech was even shared on various WhatsApp groups that are alleged to be active. But it was not done, the lawyer argued.
Delhi Police recently in its reply copy in the High Court had opposed Umar Khalid’s appeal challenging the trial court order refusing bail. The reply said that the trial court rightly dismissed the bail application of the Appellant (Umar Khalid) by a well-reasoned order dealing with each and every speculative argument raised by the Appellant.
The reply copy further submitted that the appeal raises no good grounds for consideration by this court and thus the same be dismissed, in the interest of justice.
Umar Khalid and Sharjeel Imam are accused in northeast Delhi Violence larger conspiracy case. He was arrested on September 13, 2020 under various sections of the Indian Penal Code (IPC) and Unlawful Activities Prevention Act (UAPA).
This case in connected with Northeast Delhi violence that broke out in February 2020. In this violence, 53 people died and hundreds were injured. Sharjeel Imam, Umar Khalid and others were arrested for the alleged larger conspiracy of riots.