The Delhi high court granted bail to student activist Sharjeel Imam on Wednesday in a 2020 communal riots case involving allegations of sedition and unlawful activities. Imam challenged a trial court order that denied him bail, despite having served more than half of the maximum sentence that could be imposed if convicted.
The bench of Justices Suresh Kumar Kait and Manoj Jain allowed the appeal after hearing arguments from Imam’s counsel and the Delhi Police.
According to the prosecution, Imam allegedly made speeches at Jamia Millia Islamia on December 13, 2019 and at the Aligarh Muslim University on December 16, 2019 where he threatened to cut off Assam and the rest of the North East from the country.
The case against Imam was initially registered by the Delhi Police’s Special Branch for the offence of sedition, with Section 13 of UAPA (Unlawful Activities Prevention Act) being added later. Imam has been in custody since January 28, 2020.
Imam argued before the trial court that he had been in custody for four years and the maximum sentence for the offence under Section 13 of UAPA is seven years if convicted. Under Section 436-A of the Code of Criminal Procedure (CrPC), a person can be released from custody if they have served more than half of the maximum sentence prescribed for the offence.
The trial court had denied Imam bail on February 17, stating that his custody could be extended in exceptional circumstances after hearing the prosecution’s case.
Imam is also an accused in several other cases related to the 2020 communal riots, including the case concerning the alleged larger conspiracy behind the violence. He remains in judicial custody in the conspiracy case.
