Sedition Case: Delhi High Court Directs Trial Court To Decide Sharjeel Imam's Plea Seeking Statutory Bail By February 17

The Delhi High Court on Tuesday directed a trial court here to decide and pronounce judgment by February 17 an application moved by Sharjeel Imam seeking statutory bail for having undergone one half of the maximum seven years punishment in a UAPA and sedition case.

The case relates to the alleged inflammatory speeches made by him in Aligarh Muslim University and Jamia area in the national capital against the Citizenship Amendment Act.

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 custody in the case since January 28, 2020.

A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain disposed of Imam's plea seeking regular bail in the case by noting that his application seeking statutory bail is already pending adjudication before the trial court.

“We direct the trial court to decide and pronounce judgment in the said application within 10 days from the next date of hearing (February 07),” the bench ordered.

The court said that in case Imam is denied bail, he has the right to file a fresh appeal on the ground mentioned in his appeal along with any other ground.

Though Imam's lawyer informed court that the next date of hearing before trial court is February 12, the latest order sheet of trial court shows it to be February 07.

It is Imam's case that he is entitled to be released on statutory bail as he has undergone one half of the maximum seven years of punishment prescribed under Section 13 of UAPA.

Advocate Talib Mustafa appeared for Sharjeel Imam. SPP Ashish Dutta appeared for the State.

Imam had moved the application before the trial court in August last year. It was reserved by ASJ Amitabh Rawat of Karkardooma Courts in September 2023. However, the judge was transferred later and another judge presided over who is dealing with the application now.

The application states that Imam is ready to furnish reliable surety to the satisfaction of the court and also to abide by the conditions or restrictions imposed on him, in case of his release.

“That the Applicant has been in custody since 28.01.2020 in connection with captioned FIR and has completed a period of 3 years and more than 6 months under incarceration and has undergone incarceration extending up to one-half of the maximum period of imprisonment specified for the concerned offence by law,” the application reads.

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.

Title: Sharjeel Imam v. State

Citation: 2024 LiveLaw (Del) 113