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.
Source: Barandbench
