Sharjeel Imam has approached the Supreme Court of India to appeal against the Delhi High Court's order denying him bail in a case involving the 2020 Delhi riots. Imam, along with several others, is accused of plotting the riots that erupted in North East Delhi in February 2020, during protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).
The Delhi High Court, on September 2, 2025, rejected the bail pleas of Sharjeel Imam, Umar Khalid, and seven other co-accused: Mohd Saleem Khan, Shifa-Ur-Rehman, Athar Khan, Meeran Haider, Abdul Khalid Saifi, and Gulfisha Fatima. Justices Navin Chawla and Shalinder Kaur, who comprised the bench, delivered a 133-page verdict stating that "conspiratorial violence under the garb of protests or demonstrations by the citizens cannot be permitted". The High Court held that violence cannot be masked under the right to protest and freedom of speech. The court noted that the roles of Sharjeel Imam and Umar Khalid appeared "prima facie grave" in the alleged conspiracy.
Imam's petition before the Supreme Court highlights the prolonged trial delays, particularly the multiple supplementary charge sheets filed by the police and the extensive list of witnesses, with no clear timeline for the trial's conclusion. Imam was arrested on January 28, 2020, and has been in pre-trial detention for over five years. His plea argues that the extended incarceration of undertrials under the Unlawful Activities (Prevention) Act (UAPA) raises significant constitutional concerns regarding equal protection before the law, freedom of speech, the right to a speedy trial, and personal liberty.
The Delhi Police have accused Imam of delivering inflammatory speeches in various locations, including Aligarh, Asansol, and Chakand. They allege that Imam, along with others, formed WhatsApp groups, distributed pamphlets in Muslim-majority areas, and planned road blockades (chakka-jams) to disrupt essential supplies. The prosecution argued before the High Court that the riots were a well-organized and orchestrated conspiracy with a sinister motive, aimed at defaming India on a global level. They claimed that Imam and the other accused were determined to destabilize the nation.
Imam's defense has consistently argued that the case against him is weak and that his speeches had no direct connection to the violence. He has also claimed parity with other student activists, such as Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha, who were granted bail in 2021. Before the High Court, the accused argued that their prolonged detention violated the principle that bail is the rule and jail is the exception.
The High Court rejected these arguments, emphasizing that unlike some co-accused with limited roles, Imam and Khalid's involvement appeared more serious. The court also dismissed the argument of trial delays, stating that the proceedings had advanced to the stage of arguments on framing charges. It emphasized the "premeditated and well-orchestrated conspiracy" to destabilize law and order.
The case against Sharjeel Imam and others is based on charges under the UAPA and various sections of the Indian Penal Code (IPC), including those related to criminal conspiracy, promoting enmity, rioting, and murder. The charges stem from the violence that occurred during protests against the CAA, resulting in 53 deaths and hundreds of injuries. The prosecution claims the accused were key conspirators who organized anti-CAA protests across Delhi, mobilized students and residents, distributed pamphlets, delivered inflammatory speeches, raised funds, and stockpiled materials to incite violence.
