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Sharjeel Imam's Speech Didn't Incite Violence, No Call To Bear Arms: Allahabad HC Grants Bail In Aligarh Sedition Case

Sparsh Upadhyay
29 Nov 2021 11:54 AM GMT
Sharjeel Imams Speech Didnt Incite Violence, No Call To Bear Arms: Allahabad HC Grants Bail In Aligarh Sedition Case
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Granting bail to Sharjeel Imam in the Aligarh Muslim University sedition case, the Allahabad High Court last week noted that neither he called anyone to bear arms nor any violence was incited as a result of the speech delivered by him. It may be noted that the instant case was registered against him in Aligarh last year for allegedly delivering an 'anti-national speech' at AMU...

Granting bail to Sharjeel Imam in the Aligarh Muslim University sedition case, the Allahabad High Court last week noted that neither he called anyone to bear arms nor any violence was incited as a result of the speech delivered by him.

It may be noted that the instant case was registered against him in Aligarh last year for allegedly delivering an 'anti-national speech' at AMU [Aligarh Muslim Univeristy] during Anti CAA-NRC protests.

Essentially, noting that he has remained confined for more than one year and two months against a maximum punishment that he may suffer on conviction being three years, the Bench of Justice Saumitra Dayal Singh granted him bail on his furnishing a personal bond of Rs.50K.

However, the Bench did note that the exact imputations made and the effect prompted by the applicant by words uttered or gestures made, etc. may remain to be examined at the trial which is yet to commence.

Cas against Imam

The FIR against him was registered under Sections-124A, 153A, 156, 153B and 505(2) IPC in Aligarh last year.

The allegations against Imam relate to spreading hatred towards the Govt of India and the Indian Armed Forces, creating enmity & hatred between the two communities & endangering the unity, integrity, & sovereignty of the nation.

Before the Court, the State Counsel argued that Imam has been habitually engaging in such illegal activities prior to and after the occurrence. Thus, it was submitted that the applicant may not be released on bail as he is likely to endanger public order by violating the bail terms.

On the other hand, his counsel argued that on prima facie basis, in the first place, ingredients of offence are not made out, inasmuch as, the applicant had not exhorted the listeners to take up arms or to engage in any violent act as may have threatened the integrity and unity of the country or to commit any act of hatred against any community.

Case title - Sharjeel Imam v. State of U.P.

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