Sharjeel Imam moved the SC against the remarks made against him by the Delhi HC while denying bail to Umar Khalid

Case: Sharjeel Imam vs State of NCT of Delhi

Sharjeel Imam, a JNU student, moved the Supreme Court to expunge certain remarks made against him by the Delhi High Court while denying bail to co-accused Umar Khalid. 

The Delhi High Court referred to Imam as 'arguably the head of the conspiracy' while denying bail to Khalid.

Imam argued that it is a clear violation of the Principles of Natural Justice, these remarks were made without giving him an opportunity to be heard and without any evidence being presented.

Lzafeer Ahmad BF, an Advocate-on-Record, filed a Special Leave Petition (SLP) arguing that the High Court's observations are beyond the scope of a bail application.

According to Imam, this renders not just the bail application but the criminal trial a fait accompli, which violates his fundamental right to a free and fair trial guaranteed by article 21 of the Indian Constitution.

The petition asserted that the impugned observations are unsupported by any evidence on record.

Moreover, no observations made in the order were cited in its concluding part, making it clear that they were not necessary to dispose of Umar Khalid's appeal.