[Delhi Riots] Sharjeel Imam moves Supreme Court to expunge remarks made by Delhi High Court while denying bail to Umar Khalid

While denying bail to Khalid, the Delhi High Court had referred to Imam as 'arguably the head of the conspiracy'.
Sharjeel Imam and Supreme Court
Sharjeel Imam and Supreme Court
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Jawaharlal Nehru University (JNU) student Sharjeel Imam moved the Supreme Court to expunge certain remarks made against him by the Delhi High Court in its order denying bail to co-accused Umar Khalid in the Delhi Riots Conspiracy case. [Sharjeel Imam vs State of NCT of Delhi]

While denying bail to Khalid, the Delhi High Court had referred to Imam as 'arguably the head of the conspiracy'.

Imam said that these remarks were made without giving him an opportunity of being heard and without any evidence on record, in clear violation of Principles of Natural Justice.

The Special Leave Petition (SLP), filed by Advocate-on-Record Lzafeer Ahmad BF, said that the observations made by the High Court are beyond its scope in a bail application, and are on the merits of the criminal case in which Imam's bail application is still pending before the same court.

This, according to Imam, renders not just the bail application but the criminal trial a fait accompli and, therefore, encroaches upon his fundamental right to free and fair trial guaranteed under article 21 of the Constitution of India.

Further, the petition claimed that there is is absolutely no evidence on record to justify the Impugned observations.

"Notably, none of the Impugned observations and remarks are borne out of the record. Rather, they are ex-facie contradictory and even go beyond the allegations contained in the chargesheet," the plea reads.

The plea also underlined that none of the observations made in the order found mention in its concluding part, making it evidently clear that the observations were not necessary for disposal of Umar Khalid's appeal.

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