HC seeks Delhi Police's response on Sharjeel Imam's bail plea in sedition case
NEW DELHI: The Delhi High Court on Monday sought the response of Delhi Police on a plea moved by activist Sharjeel Imam challenging a trial court order refusing him statutory bail in a case under the anti-terror law UAPA and sedition case.
Issuing notice in the plea, a division bench headed by Justice Suresh Kumar Kait posted the matter for further hearing in April.
The bench also comprising Justice Manoj Jain was hearing the plea by the former JNU scholar in connection with the alleged inflammatory speeches which was made by him during the Citizenship Amendment Act (CAA) protests at Aligarh Muslim University and Delhi's Jamia area in 2020.
As per the contention of Imam, he has already spent four years out of the maximum sentence of seven years in prison citing his eligibility for statutory bail.
Section 13 of the Unlawful Activities (Prevention) Act (UAPA), an anti-terror law, provides for imprisonment that may extend up to seven years.
According to Section 436-A CrPC, a person can be released from custody if he has spent more than half of the maximum sentence prescribed for the offence.
He was approaching the high court after the trial court denied him relief in the matter on February 17.
"Although the applicant did not ask anybody to pick the weapons and kill the 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 while refusing his plea.
The High Court, on January 30, had directed the trial court to decide expeditiously in the bail plea of Imam in the sedition and the Unlawful Activities (Prevention) Act (UAPA) case.
Imam was arrested by Delhi Police's Special Branch in the case on January 28, 2020, and in custody since then.
Initially, the offence of sedition was registered against him and later Section 13 of the Unlawful Activities (Prevention) Act (UAPA) was added.
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 conducing to public mischief) of IPC and Section 13 (Punishment for Unlawful Activities) of Unlawful Activities Prevention Act.