New Delhi

Activist and former JNU student Sharjeel Imam has moved the Supreme Court, challenging the Delhi High Court's recent decision to deny him bail in a case linked to the alleged "larger conspiracy" behind the February 2020 Delhi riots. Imam's appeal comes just days after the High Court rejected his bail plea, along with those of eight others, including Umar Khalid and Gulfisha Fatima.

The High Court, in its order, had stated that "conspiratorial" violence under the guise of protests cannot be permitted, ruling that while the right to protest is protected, it is "not absolute" and subject to reasonable restrictions. It noted that allowing an unfettered right to protest could damage the constitutional framework and impact law and order. The court also highlighted "prima facie grave allegations" against Imam and others, based on protected witness statements and claims of a larger conspiracy to commit terrorist activities and ferment violence.

Imam's plea to the Supreme Court reiterates arguments that the High Court did not fully consider the merits of the allegations against him and that he had been in jail for several weeks before the riots broke out in late February 2020. He argues that any allegations against him are based on conjecture and witness statements, without direct evidence linking him to the riots, as he was arrested in January 2020. The accused, who have been in jail since 2020 and denied all charges by Delhi Police, were booked under the Unlawful Activities (Prevention) Act (UAPA) and IPC provisions as alleged "masterminds" of the riots.