Delhi HC seeks police response on Imam’s plea seeking interim bail

The Delhi high court on Friday sought the Delhi Police’s response on the plea by former Jawaharlal Nehru University (JNU) scholar Sharjeel Imam challenging a trial court order denying him interim bail in a case wherein he has been charged with sedition for allegedly making hate speeches during the protests against the Citizenship (Amendment) Act and the National Register of Citizens

The Delhi high court on Friday sought the Delhi Police’s response on the plea by former Jawaharlal Nehru University (JNU) scholar Sharjeel Imam challenging a trial court order denying him interim bail in a case wherein he has been charged with sedition for allegedly making hate speeches during the protests against the Citizenship (Amendment) Act and the National Register of Citizens.

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A bench of justices Mukta Gupta and Anish Dayal issued notices on his appeal challenging the trial court order refusing to release him on interim bail and staying the ongoing proceedings in the case.

The court sought a status report from the police and listed the matter for consideration to August 25.

Imam, who is facing sedition charges for his allegedly inflammatory speeches, had urged the trial court to release him for the time being on account of the Supreme Court keeping in abeyance all cases registered under Section 124A (sedition) of the Indian Penal Code (IPC) until the issue of its constitutionality is examined.

According to the prosecution, Imam allegedly made inflammatory speeches at Jamia Millia Islamia on December 13, 2019, and at the Aligarh Muslim University on December 16, 2019, threatening to cut off Assam and the other north-eastern states from the mainland.

In his plea before the high court, Imam said the trial court has “failed to recognise” that pursuant to the directions of the top court, the basis for dismissal of his earlier bail plea, i.e. the charge of sedition has been obviated, and therefore relief must be granted to him.

The plea urged the high court to release him on interim bail pending the final outcome of the constitutionality of the section on sedition in the IPC.

Earlier this year, the trial court had ordered the framing of charges against Imam under sections 124A (sedition), 153A (promoting enmity), l53B (imputations prejudicial to national integration), and 505 (statements conducive to public mischief) of the IPC and Section 13 (unlawful activities) of Unlawful Activities Prevention Act.

While refusing to direct the release of the accused, the trial court had said interim bail applications can only be considered in case of an emergency, such as a medical condition.