Sharjeel Imam's Allahabad High Court bail order out, released because 'already spent more than a year against max punishment of 3 years

The Allahabad High Court has granted bail to Sharjeel Imam in the Aligarh hate speech case stating that, Imam has already spent more than one year and two months in jail against a maximum punishment of three years that he may suffer on conviction. 

The Bench of Justice Saumitra Dayal Singh has however stressed that "the exact imputations made and the effect prompted by the applicant by words uttered or gestures made etc. may remain to be examined at the trial which is yet to commence."

Granting bail to Imam, the Court has also stated that it was an undisputed fact that neither Imam had called anyone to bear arms nor any violence was incited as a result of Imam's speech delivered on January 16, 2020 at Aligarh Muslim University [AMU] during the Citizenship Amendment Act (CAA)-National Register of Citizens (NRC) protest.

Imam's counsel had argued mainly on three grounds, the primary being, that Imam had not exhorted the listeners to take up arms or to engage in any violent act that could have posed a threat to the nation's integrity and unity.

In support of this contention, he had also submitted that in any of the cases agaisnt Imam, there was no material on the case diary suggesting that Imam's words had any effect on any of the listeners. He had further argued that even the FIR against Imam was lodged after nine days. 

He had also contended that in the first place, the FIR itself was faulty as in this case the FIR could not have been registered except with prior sanction obtained under Section 196 Cr.P.C. 

However, in the order, the court has outrightly rejected this contention. The Court has stated, 

"The bar created by Section 196 Cr.P.C. is as to cognizance and not registration of an FIR for a cognizable offence. As to the delay, the same is of nine days. Without drawing any final conclusion as to the same the matter is left to be examined by the trial court. For the purpose of grant of bail, the same is not considered to be relevant in the entirety of the facts and circumstances of the present case."

It had also been averred by Imam's counsel that multiple FIRs were lodged against the applicant arising from the same occurrence which was unjust. However, the Additional Advocate General had informed the Court that Imam himself has applied before the Supreme Court for consolidation of all five cases that had been registered against him. 

Taking note of this fact, the Court further stated, 

"The said issue also falls outside the scope of the present proceeding. In any case, the speech having been inside the State of U.P. and the FIR having been registered with respect to that occurrence at Aligarh, no fundamental jurisdictional defect is shown in the registration of the instant case."

However, considering the period of detention undergone in the context of the fact allegation made, the Court decided not to deprive Imam of bail.

In view of the above, without expressing any opinion on the final merits of the case, the Court granted Imam bail on his furnishing a personal bond of Rs.50,000/- with two sureties of the like amount to the satisfaction of the Court concerned.

The Court also imposed conditions on Imam which include:

(i) Imam shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.

(ii) Imam shall cooperate in the trial sincerely without seeking any adjournment.

(iii) Imam shall not indulge in any criminal activity or commission of any crime after being released on bail.

The Court has said that in case of breach of any of the above conditions, the bail being granted shall be canceled. 

Case against Imam

Following Imam's speech at Aligarh University on January 16, 2020, an FIR was lodged against Imam on January 25 under IPC Sections 124A (sedition), 153A (promoting enmity grounds of religion, race), 153B (making statements provoking breach of peace) and 505(2) (statements made which are alarming, false intention to create disharmony).

Besides the present case, FIRs had also been registered against the Jawaharlal Nehru University student in Delhi, Manipur, Assam and Arunachal Pradesh. He has already received bail in the Assam and Arunachal Pradesh cases.

However, Imam is presently lodged in Tihar Jail in Delhi since he has also been charged in Delhi Riot conspiracy case and Jamia protest violence case.

Cause Title: Sharjeel Imam v. State of UP