NEW DELHI: Activist Sharjeel Imam has approached the Supreme Court against the Delhi High Court’s decision denying him bail in a case linked to the alleged “larger conspiracy” behind the February 2020 Delhi riots. The case is being tried under provisions of the anti-terror law.
Last week, a bench comprising Justices Navin Chawla and Shalinder Kaur dismissed bail pleas filed by Imam, Umar Khalid, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Abdul Khalid Saifi, and Gulfisha Fatima. The High Court ruled that while citizens have the constitutional right to peaceful protest, demonstrations cannot be used as a cover for orchestrated violence.
Court’s Observations on Right to Protest
The High Court acknowledged that Article 19(1)(a) protects the right to free speech and peaceful assembly. However, it stressed that such rights are not absolute and remain subject to reasonable restrictions to maintain public order and national security.
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“If protests are allowed without limits, it would harm the constitutional framework and disturb law and order,” the court observed. It added that violence carried out under the pretext of demonstrations does not fall within the ambit of freedom of expression and must be regulated by state authorities.
Bail Grounds Rejected
The defense had argued that the long delay in trial and extended pre-trial detention should be grounds for bail. However, the bench rejected this, stating that such factors cannot automatically guarantee bail and must be weighed against the facts, gravity of allegations, and public safety concerns.
The court also dismissed arguments seeking parity with co-accused Asif Iqbal Tanha, Devangana Kalita, and Natasha Narwal, who were earlier granted bail. It said the roles attributed to Imam and Khalid by the prosecution “could not be brushed aside lightly.”
What Lies Ahead
With the High Court refusing relief, Sharjeel Imam has now turned to the Supreme Court, which will examine whether the denial of bail was justified in light of constitutional protections and the ongoing trial. The outcome of the appeal will be closely watched, given the continuing debates around the balance between civil liberties and national security in India.
