Mitali Palnitkar
Published On: March 9, 2022 at 20:00 IST
The Delhi High Court issued Notice on the Bail Petition of Sharjeel Imam (Jawaharlal Nehru University Student) in Cases with respect to the February 2020 Delhi Riots.
The Division Bench which issued Notices comprised Justices Siddharth Mridul and Anoop Kumar Mendiratta. It remarked that the Lower Court which denied Bail to Imam did not deal with any relevant considerations for Grant/Denial of Bail.
The Counsel for Delhi Police was questioned, “We are asking you why should he not be Enlarged? Is he a Flight Risk? Will he Tamper with Evidence? Who are the Witnesses?”
The Lawyer representing Delhi Police pointed out that Imam was also Charged with Section 124A which carried the Sentence for Life Imprisonment.
However, Justice Mridul stated that Sedition requires Incitement Violence which needs to be Propagated and Promoted.
Advocate Tanveer Ahmed Mir representing Imam stated that three lines from the Speech were mentioned in the First Information Report (FIR) and it was made to believe that Imam was Inciting Violence.
He added that if the Speech is read in its entirety, it is different. Also, Imam says on many occasions that “We don’t have to Incite Violence.”
Justice Mridul told Delhi Police Counsel that he will have to persuade the Court on not granting Bail to Imam.
The Lower Court rejected Imam’s Bail Plea in January 2022 and framed Sedition and other Charges including Unlawful Activities (Prevention) Act (UAPA) against him. Imam challenged this in the High Court.
The Case is about Alleged provocative Speeches delivered by Imam with Respect to Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) at Jamia Millia Islamia in December 2019 and Aligarh Muslim University in January 2020.
The Delhi Police’s Charge-Sheet stated that Imam was the ‘Mastermind’ in the Shaheen Bagh Road Blockade.
Mir argued before Lower Court that Imam was not a Terrorist. Also, his speeches were not Seditious but called for the Society to Unite and Respond to Government’s Policy on Citizenship Amendment Act and National Register of Citizens.
Special Public Prosecutor Amit Prasad had pointed out that Imam had begun his Speech with “Assalam-o-Alaikum” which demonstrated that it was meant only for One Community and not Public at Large. He added that the Speech was Divisive.
The matter is listed for further Hearing on March 24, 2022.
Also Read: Delhi High Court: Sharjeel Imam to face Charges of Sedition and UAPA
Allahabad HC grants bail to Sharjeel Imam citing he did not instigate violence
