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Imam had sought statutory bail on the ground that he has undergone half of the maximum seven years punishment
A Delhi Court on Monday “deferred order” in UAPA accused Sharjeel Imam's plea seeking statutory bail in a sedition case pertaining to alleged inflammatory speeches made by him at Aligarh Muslim University and Jamia Mila Islamia against the Citizenship Amendment Act (CAA).
Imam had sought statutory bail on the ground that he had undergone half of the maximum seven years of punishment.
During the hearing, Special Public Prosecutor Amit Prasad, on behalf of the Delhi Police submitted that he wanted to place on record some parliamentary debate regarding Section 436A of CrPC. He also submitted that he wanted to file written submissions in the statutory bail plea.
While allowing the SPP's submissions, Additional Sessions Judge (ASJ) Amitabh Rawat of Karkardooma Court inquired about the applicability of S. 124A of IPC qua S. 436A of CrPC.
The ASJ noted that both the counsel for Imam and the SPP sought time to argue on the said issue as it was not addressed earlier. Accordingly, the court posted the matter for a detailed hearing on October 13, 2023.
Notably on September 11, the court had 'reserved order' in the statutory bail plea.
“….The applicant has completed one half of the maximum period of imprisonment specified for the offence by law after his arrest on January 28, 2020….the applicant has completed 3 years and 6 months in judicial custody…and hence, deserves the liberty of this court by grant of statutory bail under Section 436A of CrPC”, Imam’s application read.
Imam has been in custody since January 28, 2020. He was booked under a case registered by Delhi’s Special Cell. While the case was initially registered for the offence of sedition, Section 13 of Unlawful Activities Prevention Act (UAPA) was added to it later.
In January 2022, the court had charged Imam for the offences under Section 124A (sedition), 153A (promoting enmity between different groups on the ground of religion, etc), 153B (imputations, assertions prejudicial to national-integration), 505 (statements conducing to public mischief) of the Indian Penal Code, along with Section 13 (punishment for unlawful activities) of UAPA.
In June 2023, Imam had moved the Delhi High Court challenging proceedings against him in two different cases for the same speech delivered at Jamia Milia Islamia in December 2019. Justice Rajnish Bhatnagar issued notice to the Delhi Police and sought a status report from it on the plea. Accordingly, the court posted the matter for further consideration on October 18, 2023.
Imam has stated that there cannot be ‘two parallel FIRs’ in relation to the same incident, the speech he delivered on December 13, 2019, at Jamia Millia University. Imam has also sought directions to the trial court to proceed with the trial with respect to all other offences, including, rioting, obstructing a public servant in the discharge of public functions, etc, in FIR 242/2019 without any further delay.
An FIR was registered against Imam under provisions related to sedition and promoting enmity between groups under the Indian Penal Code at New Friends Colony police station in 2019. Imam has challenged the first supplementary chargesheet in the matter and sought quashing of the April 16, 2020 chargesheet against him as he is being prosecuted by the Special Judge for the same speech.
Case Title: State v. Sharjeel Imam
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