Sharjeel Imam has moved the Delhi High Court seeking interim bail in connection with two different FIRs against him involving the offence of Sedition under sec. 124A of Indian Penal Code pursuant to the order of the Apex Court wherein the sedition law has been kept in abeyance till the Union Government reconsiders the provision.
The pleas have been moved in two different FIRs namely FIR 22/2020 and FIR 242/2019 seeking interim bail, pending final disposal of the regular bail pleas.
Imam was booked vide FIR 22/2020 by the Delhi Police. The alleged offence under UAPA was added later. The FIR relates to the alleged inflammatory speeches made by him in Aligarh Muslim University and Jamia area in Delhi against the Citizenship Amendment Act.
On the other hand, FIR 242/2019 relates to a 2019 case alleging that Sharjeel Imam delivered provocative speeches which led to Delhi Riots at various places.
While the former will be heard by a division bench headed by Justice Siddharth Mridul tomorrow, the latter will be heard by a single judge bench comprising of Justice Anoop Kumar Mendiratta.
"In view of the Hon'ble Supreme Court's directions, the hindrance raised by the Ld. Special Court in the impugned order stands obviated, and observations surrounding the offence under section 124-A IPC cannot be taken into consideration in the proceedings against the Appellant pending the final outcome of the Constitutional challenges to the section," the plea reads.
Earlier, opposing the bail plea in FIR 22/2020, the prosecution had argued that the severity and gravity of the offence which Imam has been charged with cannot be overlooked in any manner before applying the Triple test for bail.
The Trial Court had framed charges against Imam in the matter under Sections 124A (sedition), 153A (Promoting enmity between different groups on grounds of religion, etc.), 153B (Imputations, assertions prejudicial to national-integration), 505 (Statements conducing to public mischief) of the IPC along with Section 13 (Punishment for unlawful activities) of the UAPA.
Case Title: Sharjeel Imam v. The State of NCT of Delhi