2020 Delhi Riots: HC Directs Police to Submit Chart Distinguishing Sharjeel Imam’s Case from Other Accused Individuals

The Delhi High Court directed the city police on Monday to submit a chart outlining the distinct roles of student activist Sharjeel Imam, arrested in a UAPA case linked to the alleged larger conspiracy behind the 2020 communal riots, compared to co-accused Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha.

A bench comprising Justices Suresh Kumar Kait and Manoj Jain stated that in the chart, the police can include details such as the accused’s history and role, distinguishing his case from others.

The court passed this order during the hearing of Imam’s plea seeking bail in the case, and the matter is scheduled for further hearing on February 19, 2024.

Imam sought bail on grounds of parity, citing that six of the 18 accused named in the FIR have already been granted relief. Special public prosecutor Amit Prasad opposed the plea, arguing that different roles have been attributed to different accused in the case involving the larger conspiracy behind the riots.

Prasad asserted that the court needs to consider the nature of speeches Imam delivered and activities he engaged in, stating that Imam cannot be equated with the other accused. He referred to a Supreme Court order dismissing the police’s appeal against the bail granted to Narwal, Kalita, and Tanha, emphasizing that it is Imam’s responsibility to convince the court about the merit of his case, and the prosecution is not obligated to prove how his role differs from those who secured bail in the case.

The court directed the counsel for Imam and the city police to file their written submissions before the next date of hearing.

Sharjeel Imam, United Against Hate founder Khalid Saifi, and several others, including student-activist Umar Khalid, face charges under the anti-terror law Unlawful Activities (Prevention) Act (UAPA) and provisions of the Indian Penal Code for allegedly being the “masterminds” of the February 2020 riots in North-East Delhi that left 53 people dead and over 700 injured.

The violence erupted during protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC). Appeals by other accused Meeran Haider, Shifa Ur Rehman, Saleem Khan, Gulfisha Fatima, and others against the dismissal of their bail applications by the trial court are also pending in the high court.

The State’s appeal against the bail granted by the trial court to former Congress councillor Ishrat Jahan is also pending. On October 18, 2022, the high court had denied bail to Umar Khalid in the same case, citing his constant communication with other co-accused and prima facie truth in the allegations against him.