The Delhi High Court today granted statutory bail to activist Sharjeel Imam in a sedition case. This case was filed against him for purportedly delivering inflammatory speeches in the Jamia area of Delhi and at Aligarh Muslim University (AMU).
Imam challenged the trial court’s decision denying him bail in the sedition case by appealing to the High Court. The case revolves around Imam’s speeches at AMU and in the Jamia area during protests against the Citizenship Amendment Act (CAA) and the National Register of Citizenship (NRC). He was taken into custody on January 28, 2020. Imam was represented by advocates Talib Mustafa and Ahmed Ibrahim, while SPP Rajat Nair appeared on behalf of the Delhi Police.
What were the charges?
Imam was charged under FIR 22 of 2020, filed by the Delhi Police’s Special Branch. Initially registered for sedition, Section 13 of the UAPA was later applied to the case. He has been in custody since January 28, 2020.
Charges were formally brought against Imam in the FIR in January 2023. He stands accused of multiple offenses under Section 124A (sedition), 153A (promoting enmity between different groups on grounds of religion, etc.), 153B (imputations and assertions prejudicial to national integration), and 505 (statements conducing to public mischief) of the IPC, in addition to Section 13 (punishment for unlawful activities) of the UAPA.
In June of the preceding year, Imam filed a petition with the Delhi High Court contesting legal proceedings against him in two separate cases stemming from the same speech delivered at Jamia Millia Islamia University in December 2019. This issue remains pending before the court for adjudication.
The Court’s Argument
Imam argued that since he has already spent four years in jail out of a maximum sentence of seven years, he is eligible for statutory bail. He also contended that the offense of sedition has been temporarily suspended by the Supreme Court of India, and the provisions of the UAPA invoked against him do not carry a sentence exceeding seven years. According to Section 436A of the Code of Criminal Procedure, individuals can be released from jail if they have served more than half of the maximum sentence prescribed for the offense in question while in custody.
Earlier Order
In an order issued on February 17 this year, the trial court refused bail to Imam, stating that while his speeches and activities opposing the Citizenship Amendment Act (CAA) did not directly call for violence, they did galvanize the public, potentially contributing to the outbreak of the Delhi riots. “Although the applicant did not ask anybody to pick up the weapons and kill the people, his speeches and activities mobilized the public, which disrupted the city and might be the main reason for 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.
According to Additional Sessions Judge Sameer Bajpai of Karkardooma Court, Imam’s speeches were so compelling that they captured the attention of individuals from a specific community, inciting them to participate in disruptive actions, ultimately leading to the riots.
Will Sharjeel be out?
Sharjeel will continue to remain in jail as he has been named as an accused in FIR 59/2020 related to the Delhi Riots larger conspiracy case. The High Court earlier denied bail to Umar Khalid in the same case.
