NEW DELHI: The Delhi High Court on Tuesday directed a trial court in the city to decide by February 17 an application moved by student activist Sharjeel Imam seeking statutory bail in a sedition case against him in relation to the 2020 northeast Delhi riots.
During the hearing before a bench of Justice Suresh Kumar Kait and Justice Manoj Jain, counsel representing Imam submitted that his client’s plea before the trial court was listed in February.
The bench directed the trial court to decide and pronounce the judgment in the matter within 10 days from the next date of hearing, February 7.
As per the contention of Imam, who is facing charges of sedition and under the stringent UAPA provisions, he has already spent four years out of the maximum sentence of seven years in prison, due to his eligibility for statutory bail. Section 13 of the UAPA provides for imprisonment that may extend up to seven years.
The petitioner Imam, who was arrested in the case on January 28, 2020, said he has undergone more than half of the maximum sentence prescribed for the offence and is entitled to bail under the provision.
According to Section 436A CrPC, a person can be released from custody if he has spent more than half of the maximum sentence prescribed for the offence.
The high court, while disposing of Imam’s plea challenging a trial court’s January 24, 2022 order denying him bail, said if he is granted bail by the lower court under section 436A of IPC, it will end the matter. If he is denied bail, he has a right to file an appeal on the grounds already mentioned in the plea or any other ground, it said.
The case against Imam is in relation to speeches made at Aligarh Muslim University and Jamia Milia Islamia during the protests against the Citizenship Amendment Act in 2020. In 2022, the trial court had framed charges against Imam under Sections 124A (sedition), 153A (promoting enmity), l53B (imputations prejudicial to national integration), 505 (statements causing public mischief) of IPC and Section 13 of UAPA.
‘Inflamatory remarks’
The case against Imam is in relation to speeches during the protests against the Citizenship Amendment Act in 2020. In 2022, the trial court had framed charges against Imam under Sections 124A (sedition), 153A (promoting enmity), l53B (imputations prejudicial to national integration), 505 (statements causing public mischief) of IPC.