Sharjeel Imam moves Delhi HC for interim bail citing SC order on sedition

NEW DELHI: JNU student Sharjeel Imam, who is arrested in a case related to alleged inflammatory speeches made by him during the protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) in 2019, has approached the Delhi High Court seeking interim bail, citing the Supreme Court’s order to keep in abeyance proceedings in all sedition cases in the country.

A bench of Justices Siddharth Mridul and Rajnish Bhatnagar is likely to hear the plea on Tuesday.

Imam has filed an application seeking interim bail in his already pending bail plea.

The application, filed through advocates Talib Mustafa, Ahmad Ibrahim, and Kartik Venu, said that the trial court’s order, rejecting his bail, is primarily based on the premise that the special court had no power to grant bail under Section 437, CRPC in view of the limitations imposed therein, once the court had by separate order, sought it fit to frame sedition charges against Imam.

In view of the Supreme Court’s directions, the hindrance raised by the special court in the impugned order stands obviated, and observations surrounding the offence under section 124-A (sedition) IPC cannot be taken into consideration in the proceedings against the appellant (Imam) pending the final outcome of the constitutional challenges to the section. Dehors the issue of Section 124-A IPC, the case against the appellant stands significantly diluted and improves his case for securing bail, the plea said.

It said Imam has been incarcerated for nearly 28 months whereas the maximum punishment for the offences, not including 124-A IPC, is punishable up to a maximum of 7 years of imprisonment.

It added that the continued incarceration of Imam is unsustainable and warrants the interference of this court.

On May 11, the Supreme Court had stayed till further orders on the registration of FIRS, probes, and the coercive measures for the offence of sedition across the country by the Centre and the states until an appropriate forum of the government re-examines the colonial-era penal law.

The top court had taken note of the concerns of the Centre and said the rigours of Section 124A (sedition) of the IPC is not in tune with the current social milieu and permitted reconsideration of the provision.

It had extended the interim orders, granting reliefs to the accused of the offence of sedition.

Any affected party was at liberty to approach the concerned courts which are requested to examine the reliefs sought taking into consideration the present order, the apex court had said.

All pending cases, appeals, and proceedings concerning the provision of sedition would be kept at abeyance and the adjudication of other offences, if any, could proceed, it had said.

As per the prosecution, Imam had allegedly made speeches at Jamia Millia Islamia on December 13, 2019, and at Aligarh Muslim University on December 16, 2019, where he threatened to cut off Assam and the rest of the Northeast from India.