The Supreme Court on Friday refused to entertain the bail plea of Delhi riots accused Sharjeel Imam in a terror case but told the Delhi High Court to expeditiously hear it.
A bench of Justices Bela M Trivedi and S C Sharma said it was not inclined to entertain the plea, which sought bail under Article 32 of the Constitution.
Imam's counsel, senior advocate Siddhartha Dave, said the bail plea had been pending since 2022 while clarifying he was not pressing for bail at the present stage.
The top court noted the high court would be hearing the case on November 25.
"This being the writ petition filed under Article 32 of the constitution, we are not inclined to entertain the same. However, petitioner shall be at liberty to request the high court to hear the bail application as expeditiously as possible preferably on November 25, as fixed by the high court. The high court shall consider the said request," held the bench.
Referring to the pending bail plea, Dave said Section 21(2) of the National Investigation Agency Act says it had to be decided within three months.
There have been 64 hearings in the case since April 29, 2022, he pointed out.
"On eight occasions, we sought time whereas the rest of time either the bench was not there... I am not blaming anyone. Allow or reject my petition. I will come to the apex court if it is not allowed. I only want a hearing," Dave said adding the plea under Article 32 was a fundamental right.
The apex court said there were eight FIRs against Imam but Dave clarified the present matter was related to only one FIR under the UAPA.
The bench, however, said it was not inclined to entertain the bail matter.
At this juncture, Dave urged the top court to clarify in the order the prayer for bail before it was not being pressed.
The court then asked the high court to expeditiously decide the bail plea on the request made by the petitioner.
Imam and several others were booked under the stringent provisions UAPA and the Indian Penal Code for allegedly being the “masterminds” of the "larger conspiracy" behind the February 2020 riots, which left 53 people dead and over 700 injured.
The violence erupted during the protests against the CAA and NRC.
The pleas of Imam and other accused were filed in 2022 and have been listed before different benches from time to time since then.
Imam, in his appeal filed in 2022, has assailed a trial court order of April 11, 2022 which refused to grant him bail. The police had arrested Imam in the present case on August 25, 2020.
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