Live Law
2025-12-09 06:06:19.0
Counsel for Khalid: the petitioner has moved for interim bail for sister's wedding in 2.3 [Umar Khalid]. He had in the past moved such application and it was allowed.
Dave: I had mentioned about FIR 22 in which I was taken into custody and this January, I will come 6 years in custody. Whichever way you look at the matter, merit or otherwise. I am one of the persons who has been custody for the longest, not participated, no role in the riots. Persons who are physically present, committed riots, they have been enlarged on bail. I am on ground of the fact that my speech is being tried in a separate cases altogether. One important fact, the act that prosecution alleges fails foul of S.15 UAPA. What has to fall within S. 15 is the conspiracy to commit riots- the charge is not that speech is falling foul under s. 15.
That part of UAPA, which leads to commit riots or riots, S. 15 is not invoked by them. This is a peculiar FIR that conspiracy to commit offence is tried separately from committing the offence pursuant to conspiracy and I am not there in 750 FIRs. My speech is conspiratorial in nature and that conspiracy is s. 15 and if that goes, mine also goes. The prosecution for speech, I have been enlarged on bail- FIR 22/2020 in which I was in custody for 4.5 years. For same speech, I am prosecuted in Uttar Pradesh, Aligarh, Allahabad HC enlarged me on bail. Aligarh FIR 55/2020- 25 January, 2020.
Please have a look at the bail order [Sharjeel Imam's Speech Didn't Incite Violence, No Call To Bear Arms: Allahabad HC Grants Bail In Aligarh Sedition Case]-
Advocate Rajat Nair for Delhi Police.
