The bench comprising Justices Suresh Kumar Kait and Manoj Jain, following an appeal against the trial court’s decision, granted bail to Sharjeel Imam granted bail in 2020 Delhi Riots case.
NEW DELHI: Today (29th May): The Delhi High Court granted bail to Jawaharlal Nehru University (JNU) scholar Sharjeel Imam in a case related to the 2020 communal riots in Delhi. However, despite this bail, Imam will remain in custody due to his involvement in a larger conspiracy case linked to the riots.
The bail was granted by a bench comprising Justices Suresh Kumar Kait and Manoj Jain, following an appeal against the trial court’s decision.
Sharjeel Imam, a prominent figure in the student community, was arrested in connection with allegations of sedition and unlawful activities for his purported involvement in delivering inflammatory speeches during the Delhi riots.
The prosecution accused Imam of making provocative speeches at Jamia Millia Islamia and Aligarh Muslim University, where he allegedly threatened to sever Assam and the Northeast from the rest of the country.
Sharjeel Imam argued before the trial court that he has been in custody for the past four years and pointed out that the maximum sentence for the offense under Section 13 of the Unlawful Activities (Prevention) Act is 7 years if convicted.
According to Section 436-A of the Criminal Procedure Code (CrPC), individuals can be released from custody if they have served more than half of the maximum sentence prescribed for the offense.
However, despite Imam’s argument, the trial court, in its ruling on February 17, refused to grant him bail. The court stated that the accused’s custody could be extended for a further period in “exceptional circumstances” after considering the prosecution’s case.
Upon hearing both sides, the Delhi High Court set aside the trial court’s decision and granted bail to Sharjeel Imam. However, his release was not immediate, as he remains in custody due to his involvement in other cases related to the Delhi riots, including the broader conspiracy case.
Background
Imam was arrested on January 28, 2020. He argued that, having served half of the potential maximum sentence of seven years, he is entitled to statutory bail. However, the trial court, on February 17, refused his plea, emphasizing the disruptive impact of his speeches on the national capital, which allegedly contributed to the 2020 riots.
The charges against Imam are severe, encompassing sedition, promoting enmity between different groups, and making statements conducive to public mischief under the Indian Penal Code (IPC), along with the UAPA’s provisions for punishment for unlawful activities.
Last January, the court formally filed a chargesheet against Imam in the FIR. He faces charges under various sections of the Indian Penal Code, including sedition (Section 124A), promoting enmity between different groups on religious grounds (Section 153A), making assertions prejudicial to national integration (Section 153B), and making statements conducive to public mischief (Section 505). Additionally, he is charged under Section 13 of the Unlawful Activities Prevention Act (UAPA).
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