The Delhi High Court on Wednesday granted bail to JNU scholar Sharjeel Imam in a case related to the 2020 communal riots involving charges of sedition and unlawful activities. The decision was made by a bench comprising Justices Suresh Kumar Kait and Manoj Jain.
Sharjeel Imam was arrested for allegedly making inflammatory speeches at Delhi’s Jamia Millia Islamia and Aligarh Muslim University during the riots. Despite the bail, Imam will remain in jail as he faces additional charges in a larger conspiracy case related to the 2020 Delhi riots.
Imam had challenged a trial court’s decision to deny him bail, arguing that he had already served more than half of the maximum potential sentence. “Appeal is allowed,” stated the bench after considering arguments from both Imam’s counsel and the Delhi Police.
Prosecutors allege that Imam delivered speeches on December 13, 2019, at Jamia Millia Islamia and on December 16, 2019, at Aligarh Muslim University, threatening to sever Assam and the rest of the Northeast from India. Initially charged with sedition, Section 13 of the Unlawful Activities (Prevention) Act (UAPA) was later added to the case by the Delhi Police’s Special Branch. Imam has been in custody since January 28, 2020.
Imam argued that he has been in custody for over four years, while the maximum sentence for the offence under Section 13 of the UAPA is seven years if convicted. Under Section 436-A of the Criminal Procedure Code (CrPC), an individual can be released from custody if they have served more than half of the maximum sentence for their offence.
Despite this, the trial court had denied bail on February 17, citing “exceptional circumstances” that justified extending his custody after hearing the prosecution’s case. Imam is also implicated in multiple other cases stemming from the 2020 riots, including the alleged larger conspiracy behind the violence, for which he remains in judicial custody.
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