Sedition Case: Court Order On Sharjeel Imam's Interim Bail Plea Adjourned For Next Month

Sharjeel Imam had moved to the lower court on May 27 as his counsel withdrew the application from the Delhi High Court after the prosecution raised the issue of maintainability.

New Delhi: A Delhi court on Friday adjourned the order on the interim bail plea of Sharjeel Imam in the sedition case after the accused had moved the trial court for bail in view of the recent direction of the Supreme Court on the law of sedition. The court had reserved the order on June 6 and is likely to pronounce the verdict on July 7, 2022. Sharjeel had moved to the lower court for bail in the sedition case on May 27. Courts are now on vacation from today, therefore the matter is adjourned, news agency ANI reported.

Sharjeel Imam's counsel had withdrawn the bail application from the Delhi High Court after the prosecution had raised the issue of maintainability. The High court had asked him to approach the lower court for bail.

The bail application was moved by Talib Hussain, Ahmed Ibrahim, and Kartik Venu.

According to ANI, the application contends that in the view of the recent direction of the Supreme Court Sharjeel Imam should be granted bail. Advocate Talib Hussain stated that in the light of direction given by the Supreme court on Sedition law, the trial should stay and Sharjeel Imam should be released on interim bail.

On the other hand, the Special Public prosecutor (SPP) opined that while the proceedings under sedition law are stayed by the Supreme court, the section of the Unlawful Activities Prevention Act (UAPA) is invoked. These sections cannot be ignored. In these circumstances, the accused should not be granted interim bail, the SPP stated.

The Supreme Court had previously directed that all pending appeals and proceedings with the respect to the charge framed under section 124A (Sedition) of the Indian Penal Code be kept in abeyance.

An application for bail in a sedition case registered against Sharjeel Imam for alleged speeches against the CAA and NRC was earlier moved in the Delhi High Court. The bench of Justice Mukta Gupta and Justice Mini Pushkarna had granted the liberty to the accused after recording the passed the objection of Special Public Prosecutor (SPP) Amit Prasad.

The SPP had then submitted that in terms of the order of the Supreme Court of 2014, any such bail application would first go to the trial court, and only if the relief is not granted, can the accused move to the High Court as the case is triable by a Special Court only.

As per the bail application, Sharjeel's bail plea was dismissed by the trial court because it found that a prima facie offence under section 124A was made out against him. It was stated in the application that in view of the Supreme Court's direction, the hindrance raised by the Special Court in the impugned order stands obviated, and observations surrounding the offence under section 124A IPC cannot be taken into consideration in the proceedings against the appellant pending the final outcome of the Constitutional challenges to the section, ANI reported.

This case was registered by the Crime Branch of Delhi Police on the accusation of Sharjeel Imam delivering alleged inflammatory speeches at different places in the country during protests against CAA-NRC.

(With Agency Inputs)