On 22 October 2024, LiveLaw, a legal news portal founded by MA Rashid, an advocate practicing at Kerala High Court, posted about the repeated delays in the bail hearing of Sharjeel Imam, a figure described as a “student activist.” The post stated, “Student activist #SharjeelImam‘s petition assailing delay in hearing of his bail plea in the Delhi Riots Larger Conspiracy case not taken up today by the #SupremeCourt. Next hearing likely on Friday, i.e., 25th October.”
Student activist #SharjeelImam's petition assailing delay in hearing of his bail plea in the Delhi Riots Larger Conspiracy case not taken up today by the #SupremeCourt
Next hearing likely on Friday ie 25th October https://t.co/9tWYIYuE7Z
— Live Law (@LiveLawIndia) October 22, 2024
In a preceding post, LiveLaw noted, “#SupremeCourt to hear student activist #SharjeelImam‘s petition assailing Delhi HC’s delay in deciding his bail plea in the 2020 #DelhiRiots larger conspiracy case. Bench: Justices Bela M Trivedi and SC Sharma. Imam has been in custody for over 4 years.”
#SupremeCourt to hear student activist #SharjeelImam's petition assailing Delhi HC's delay in deciding his bail plea in the 2020 #DelhiRiots larger conspiracy case
Bench: Justices Bela M Trivedi and SC Sharma
Imam has been in custody for over 4 yrs pic.twitter.com/w5LzonPWOV
— Live Law (@LiveLawIndia) October 22, 2024
The posts by LiveLaw seemed to make several key assertions: they stated that the hearing was to be conducted in the Supreme Court, that it focused on the delay in the High Court concerning Sharjeel Imam’s bail petition, and that it was related to the Delhi Riots larger conspiracy case (FIR 59/20). Additionally, they claimed that the Supreme Court bench responsible for postponing the hearing included Justices Bela Trivedi and SC Sharma.
The assertions made in these posts were damningly inaccurate. While there was indeed a Supreme Court hearing involving Sharjeel Imam, it was not a bail hearing, nor was it related to a delay in the High Court. Additionally, the hearing did not pertain to the Delhi Riots larger conspiracy case, nor was it presided over by Justices Bela Trivedi and SC Sharma.
To verify the details, OpIndia consulted the Supreme Court listings concerning the case involving Sharjeel Imam. The case, titled Sharjeel Imam vs. Government of NCT and others, has been assigned diary number 4730-2020. Upon searching this diary number, it was confirmed that it was indeed associated with Sharjeel Imam.
The Supreme Court’s website confirms that this specific case was scheduled for hearing on 22 October 2024, coinciding with the date of LiveLaw’s post. Notably, the case was listed before a bench comprising Justices Sanjiv Khanna and Sanjay Kumar, raising questions about how LiveLaw “erroneously” identified Justice Bela Trivedi.
Furthermore, a review of court orders associated with the case revealed that it had no relation to Imam’s bail application. In an order from an August hearing, the bench instructed the respondent states to clarify their positions regarding the transfer of chargesheets to the Delhi court for the pending trial. This order highlighted that the Supreme Court case was concerned with the clubbing of FIRs, not bail proceedings.
The case stems from a 2020 petition by Sharjeel Imam following his arrest for seditious speeches. FIRs had been filed against him in several states, including Uttar Pradesh, Assam, Manipur, and Arunachal Pradesh. Imam’s 2020 petition sought to consolidate these FIRs, allowing for his sedition cases to be heard exclusively in Delhi. If the court accepted this consolidation, Imam would potentially receive default bail for the FIRs filed in other states.
Historical context reveals that Imam was arrested on 28 January 2020, for inciting secessionist sentiments during his speeches against the Citizenship Amendment Act (CAA). His remarks, made at venues such as Jamia Millia Islamia University and Aligarh Muslim University, led to widespread protests and riots.
Sharjeel Imam faces charges under multiple sections of the Indian Penal Code (IPC), including 124A (sedition), 153A (promoting enmity between groups), and 505 (making statements conducive to public mischief), as well as under the Unlawful Activities (Prevention) Act (UAPA). The Delhi police’s chargesheet accuses him of inciting hatred and instigating riots against the central government.
As of the time of this report, LiveLaw had not issued a correction or retraction regarding their inaccurate posts, which remain published on their social media platform X. The misrepresentation of the details surrounding Sharjeel Imam’s case has raised questions about the accuracy and responsibility of legal news reporting.
(With inputs from OpIndia)
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