Delhi Riots Case: Court Cancels Sharjeel Imam’s Interim Bail For Breaching Condition Against Contact With Media persons
A Delhi Sessions Court found that the activist was seated in the room while a journalist interviewed his brother, and directed him to surrender in jail by Saturday evening
A Delhi court cancelled activist Sharjeel Imam’s interim bail in the 2020 northeast Delhi riots case after finding that he had breached a condition barring contact with media persons
A Delhi Court on Saturday cancelled the seven-day interim bail granted to Sharjeel Imam to attend his cousin’s wedding, after holding that he had violated a condition prohibiting him from coming in contact with media persons.
Additional Sessions Judge (ASJ) Sameer Bajpai passed the order on an application filed by the prosecution seeking cancellation of the interim bail.
By an order dated September 22, the court had released Imam on interim bail for seven days, from October 4 to 10, to enable him to attend his cousin’s wedding. The relief was subject to conditions, including a prohibition on the use of social media and on interacting with media persons.
Prosecution Alleged Breach Through Imam’s Presence During Brother’s Interview
The prosecution alleged that Imam had violated the bail conditions by being present while a media person interviewed his brother.
The defence contended that Imam had neither given an interview nor interacted with any media person. It submitted that the interview had been given by Imam’s brother, who was not subject to the bail conditions.
The defence further argued that the video relied upon was a compilation of separate clips and that Imam was not present during the interview.
Footage Shot in the Same Room at Approximately the Same Time; ‘Compilation’ Plea Rejected
The court examined videos uploaded on YouTube and on the social media platform X. It observed that the footage showed Imam sitting in the same room in which his brother was being interviewed by a journalist.
Rejecting the defence’s contention, the court said the footage indicated that the clips had been shot in the same room at approximately the same time.
The court observed that the journalist was present in the room where Imam was also sitting, and held that he had violated the condition imposed in the September 22 order granting him interim bail.
Surrender Directed by Saturday Evening
The court directed Imam to surrender in jail by Saturday evening. His counsel submitted that he had already boarded a flight and would reach Delhi to surrender.
The case pertains to an FIR registered in connection with the 2020 northeast Delhi riots and includes charges under the Unlawful Activities (Prevention) Act and various provisions of the Indian Penal Code.
In its application seeking cancellation of the relief, the police referred to a video allegedly circulating in the media in which Imam could be seen interacting with media persons. “Therefore, the accused grossly violated the aforesaid condition that he shall not come in contact of any media person,” the plea stated.
The police described the alleged violation as “wilful and deliberate” and argued that Imam had misused the liberty granted to him by the court. It accordingly sought cancellation of his interim bail.
Imam was arrested on January 28, 2020, and booked under the Unlawful Activities (Prevention) Act (UAPA). The prosecution has alleged that he was a key intellectual architect of the conspiracy behind the February 2020 communal riots in northeast Delhi, which left 53 people dead and hundreds injured.
In a related news, Additional Sessions Judge Bajpai had, on July 5, rejected fresh bail applications filed by Imam and co-accused Umar Khalid. The court referred to the Supreme Court’s January 5 order denying them bail and laying down conditions for reconsidering their applications.
Imam and Khalid had relied on a May 18 Supreme Court judgment granting bail to Syed Iftikhar Andrabi in a narco-terror case investigated by the National Investigation Agency. In that judgment, a Bench of Justices BV Nagarathna and Ujjal Bhuyan had expressed “serious reservations” about the reasoning adopted in the January 5 order. The police’s latest application seeks cancellation of Imam’s interim bail on the ground of the alleged breach of the conditions imposed for his temporary release.
Background
Bench: ASJ Sameer Bajpai