New Delhi: In a significant development, the Delhi High Court on Wednesday granted bail to student activist Sharjeel Imam in connection with a 2020 communal riots case involving allegations of sedition and unlawful activities.
Imam, who had been in custody since January 28, 2020, was granted bail after the court considered his appeal against a trial court order that had denied him bail despite him having served more than half of the maximum sentence that could be awarded in case of a conviction.
The bench comprising of Justices Suresh Kumar Kait and Manoj Jain allowed the appeal after hearing arguments from Imam’s counsel and the Delhi Police.
The case against Imam pertains to alleged speeches he made at Jamia Millia Islamia on December 13, 2019, and at the Aligarh Muslim University on December 16, 2019, where he purportedly threatened to sever Assam and the rest of the North East from the country.
Initially registered for sedition, the case against Imam saw Section 13 of the Unlawful Activities (Prevention) Act (UAPA) invoked later by the Delhi Police’s Special Branch.
Imam had contended before the trial court that he had spent four years in custody and cited Section 436-A of the Criminal Procedure Code (CrPC), which allows for release if more than half of the maximum sentence prescribed for the offence has been served.
However, the trial court had refused bail on February 17, stating that the accused’s custody could be extended for a further period in “exceptional circumstances” after considering the prosecution’s case.
Imam remains an accused in several cases related to the 2020 communal riots, including one concerning an alleged larger conspiracy behind the violence. He continues to be in judicial custody in the conspiracy case.
