HC issues notice to Delhi Police on Sharjeel Imam's appeal challenging trial court bail dismissal order

New Delhi [India], March 9 : The Delhi High Court on Wednesday issued notice to Delhi Police on an appeal moved by former JNU Student Sharjeel Imam, challenging a trial court order in which the bail was denied to him in a case related to alleged inflammatory speeches given by him at Aligarh Muslim University and in the Jamia area during the anti-CAA agitation in 2019 and 2020.
The bench of Justice Siddharth Mridul and Justice Anoop Kumar Mehndiratta on Wednesday sought the response of Delhi Police through the state and listed the matter for March 24, 2022.
After taking note of the submission made by Sharjeel Imam's counsel Advocate Tanveer Ahmad Mir, justice Mridul asked Delhi Police that since offences were less than seven years punishment why should he not be enlarged, and also asked if he was a flight risk or would influence the witnesses or tamper with the evidence.
Meanwhile, the Counsel who appeared for Delhi police said the accused is also charged with Section 124A, in which an accused shall be punished with imprisonment for life.
Sharjeel Imam while challenging the order dated January 24, 2022, passed by the Additional Session Judge of Karkardooma Court stated that the trial court has been wrongly dismissed after holding that the Special Court has no power under Section 439 CrPC to grant an accused regular bail, even in cases where the additional constraint of section 43D(5) UAPA didn't apply.
The petition stated that the instant FIR was registered against the Appellant on January 25, 2020, simultaneously with four other FIRs across multiple states for the same speeches attributed to the Appellant. The instant FIR was originally registered for the offences punishable u/s 124A, 153A, 153B and 505(2) IPC.
Subsequently, the Appellant was arrested in this case from his hometown of Jehanabad, Bihar on January 28, 2020, and was remanded to police custody for 8 days. The Appellant has been in continuous judicial custody since then.
The Special Trial Court order dated January 24 this year has ordered to frame charges against the Appellant under all the invoked penal provisions.
On the same day, that is, on January 24, the Appellant's application seeking grant of regular bail under Section 439 CrPC, was dismissed by the Special Court which held that it could exercise power only under Section 437 CrPC, placing reliance upon its order framing charges against the Appellant.
The trial court judge had said, "accused is directed to be charged for the offences under sections 124A (sedition), 153A (promoting enmity on grounds of religion), 153B (assertions prejudicial to national integration), 505 (statements conducing to public mischief), of Indian Penal Code and section 13 (punishment for unlawful activities) of UAPA. Vide separate order, the application filed by Sharjeel Imam for grant of regular bail is dismissed".
Sharjeet Imam was arrested in 2020 by Delhi Police from Jahanabad, Bihar. The Delhi Police has filed a charge sheet against him in the present case. It was alleged that he gave speeches inciting hatred, contempt, and disaffection towards the Central government.
Delhi Police had mentioned in the charge sheet against Sharjeel that "he is accused of delivering seditious speeches and inciting a particular section of the community to indulge in unlawful activities, detrimental to sovereignty and integrity of the nation."