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Synopsis

Justice Siddharth Mridul of the Delhi High Court on Tuesday recused from hearing the plea filed by alleged Indian Mujahideen operative, Manzer Imam. Imam is accused under anti-terror law- the Unlawful Activities (Prevention) Act.

Justice Mridul said, "In all the bans imposed on the organizations at that time, I was the Senior Counsel for the Government, so I can't hear the matter." The matter will now be listed before another bench on January 13.

The petition has been filed by Imam who has been booked under Sections 17, 18, 18B, and 20 of the Unlawful Activities Protection Act (UAPA) and Sections 121A and 123 of the Indian Penal Code (IPC).

It may be noted, that earlier in the month of October 2022, the High Court had directed the Special Court to dispose of the bail application of Imam within 75 days, noting that he had been imprisoned for more than 9 years with no charges filed against him.

Imam was arrested by the National Investigation Authority and has been in custody since October 1, 2013.

Earlier, the court in the month of October 2022, had ordered, “The Special Court will hear and dispose of the bail application of the applicant within 75 days from the date of this order.” 

The observation was made after the counsel appearing for Imam had submitted that he had been in custody since October 1, 2013, and had spent more than nine years of incarceration without charges being framed to date. He had further stated that there are 369 witnesses, and many of them are yet to be examined. 

Whereas, on November 28, the additional sessions judge Shailender Malik ruled that the delay in the trial could not, in the present case, be a justification for granting bail.

While rejecting Imam's bail request, the Court said that there was enough evidence to determine that the accusation against him was true. Imam had requested bail due to the delay in the trial.

Case Title: Manzer Imam v. National Investigation agency & Anr.