Activist and former JNU student Sharjeel Imam has moved the Supreme Court seeking 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 case.
Imam filed the plea through advocate Lzafeer Ahmad B.F. in the apex court.
The Delhi High Court, while denying bail to Khalid, had referred to Imam as “arguably the head of the conspiracy”.
The plea, filed by Imam, said he moved the apex court against the high court passed on October 18, where the court while rejecting Khalid’s appeal seeking regular bail, made certain observations and remarks qua the petitioner herein (who was not a party in the said petition before the high court) in complete defiance of the law laid down by the top court in several judgments.
The high court, in its judgment, had said that Khalid was constantly in touch with Imam, who was arguably “at the head of the conspiracy” and also referred to him as the “main conspirator” in one of the paragraphs. The court took note of the charge sheet filed by the Delhi Police referring to Imam as the “main conspirator” and noted that he was the main member of a WhatsApp group of Muslim students of JNU which was formed one or two days after the Citizenship Amendment Bill was passed on December 4, 2019.
Imam’s plea claimed that there is absolutely no evidence on record to justify these observations by the high court, and this encroaches upon his fundamental right to free and fair trial guaranteed under article 21 of the Constitution.