Today (March 11): The Delhi High Court addressed Sharjeel Imam’s bail request concerning his purportedly provocative speeches. Imam contested the trial court’s refusal to grant him statutory bail in a case involving accusations under the Unlawful Activities (Prevention) Act (UAPA) and sedition. Justice Suresh Kumar Kait and Justice Manoj Jain have sent a notice to the Delhi Police, requesting a response within two weeks. The case is scheduled for another hearing in April. The controversy originated from Sharjeel Imam’s speeches at Aligarh Muslim University and in the Jamia area of Delhi, which were interpreted as inciting opposition to the Citizenship Amendment Act (CAA).
NEW DELHI: Today (March 11), the Delhi High Court heard the matter regarding the bail plea of Sharjeel Imam for his alleged inflammatory speeches. The court decision was followed after Imam challenged the trial court’s decision to deny him statutory bail in a case involving charges under the Unlawful Activities (Prevention) Act (UAPA) and sedition.
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A bench comprising Justices Suresh Kumar Kait and Manoj Jain has issued a notice to the Delhi Police, seeking a response within two weeks, with the case set for a subsequent hearing in April. The dispute arises after Imam’s speeches at Aligarh Muslim University and in the Jamia area of Delhi, which were perceived as instigating against the Citizenship Amendment Act (CAA).
The trial court stated that
while the applicant did not directly instruct anyone to use weapons or commit violence, their speeches and actions had galvanized the public, leading to disruptions in the city and potentially contributing to the onset of riots. Additionally, by delivering inflammatory speeches and utilizing social media, the applicant adeptly distorted factual information to stoke public outrage and sow chaos within the city.
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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.
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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).
Statutory Bail
Under Section 167(2) of the Code, a Magistrate can order an accused person to be detained in the custody of the police for 15 days. Beyond the police custody period of 15 days, the Magistrate can authorize the detention of the accused person in judicial custody i.e., jail if necessary. However, the accused cannot be detained for more than:
- ninety days, when an authority is investigating an offense punishable with death, life imprisonment or imprisonment for at least ten years; or
- sixty days, when the authority is investigating any other offense.
- In some other special laws, like the Narcotic Drugs and Psychotropic Substances Act, this period may vary. For example, in the Narcotic Drugs and Psychotropic Substances Act, the period is 180 days.
- The maximum statutory period of detention under Section 167 of the Code of Criminal Procedure (CrPC) is 90 days. In cases relating to terror charges, Section 43D(2) of the Unlawful Activities (Prevention) Act (UAPA), 1967, extends the maximum period of detention of an accused to 180 days
- At the end of this period, if the investigation is not complete, the court shall release the person “if he is prepared to and does furnish bail”. This is known as default bail.
