Delhi HC issues notice on Sharjeel Imam's plea for compulsory bail in Delhi Riots sedition case

NEW DELHI: The Delhi High Court today issued notice on one of 2020 Delhi riots' prime-accused, Sharjeel Imam's plea for statutory bail in a sedition case from the time.

Imam has moved court challenging a trial court order which denied him statutory bail in a case under the Unlawful Activities (Prevention) Act [UAPA] and sedition under the Indian Penal Code [IPC].

The Court has issued notice to the Delhi Police, seeking its response within two weeks, and listed the matter for hearing in April.

The matter was being heard by a division bench of Justice Suresh Kumar Kait and Justice Manoj Jain.

Imam faces allegations for making inflammatory speeches in the Aligarh Muslim University (AMU) and the Jamia Millia Islamia University area in Delhi during the Delhi riots in 2020.

Imam, who has been behind bars since January 28, 2020, had moved Court for ‘statutory bail’ under the Code of Criminal Procedure (CrPC) earlier as well.

Also Read - “Decide Sharjeel Imam’s bail plea within 10 days”, Delhi HC to trial court

He had pleaded the ground that he has already undergone one half of the maximum 7 years’ punishment provided for his crime.

However, the bench had noted that his application seeking statutory bail was already pending adjudication before the trial court, therefore, it need not interfere in the matter.

Thus, directing the trial court to decide Imam’s plea within 10 days, the Court had decided that in case Imam is denied bail, he would have the right to file a fresh appeal before the High Court itself.

Imam has sought statutory bail in the case for having undergone one half of the maximum seven years punishment.

On February 17, the trial court dismissed his plea observing that his speeches and activities “mobilised the public” which disrupted the national capital and might be the main reason for the outbreak of the 2020 riots.

Imam was booked under FIR 22 of 2020 registered by Delhi Police's Special Branch.

While the case was initially registered for the offence of sedition, Section 13 of UAPA was invoked later. He has been in custody in the case since January 28, 2020.

“Although the applicant did not ask anybody to pick the weapons and kill people, his speeches and activities mobilised the public which disrupted the city and might be the main reason in the outbreak of the riots. Further, through inflammatory speeches and social media, the applicant skillfully manipulated the real facts and incited the public in order to create havoc in the city,” the trial court had said.

The court had framed charges against Imam in the FIR in January last year.

He has been charged for the offences under Section 124A (sedition), 153A (Promoting enmity between different groups on grounds of religion, etc.), 153B (Imputations, assertions prejudicial to national-integration), 505 (Statements conducing to public mischief) of the IPC along with Section 13 (Punishment for unlawful activities) of the UAPA.

In June last year, Imam had moved the Delhi High Court challenging proceedings against him in two different cases for the same speech delivered at Jamia Millia Islamia University in December 2019. The matter is pending adjudication.

Cause Title: Sharjeel Imam v State