Delhi HC issues notice to police on pleas of Sharjeel Imam challenging orders denying interim bail, stay of trial
Jul 29, 2022
New Delhi [India], July 29 : The Delhi High Court on Friday issued notice to Delhi Police on two petitions moved by Sharjeel Imam against the two orders passed by the trial court denying interim bail and stay of trial in a sedition case.
The matter is connected with a case related to alleged seditious speeches during anti-CAA-NRC protests. Sharjeel Imam had moved the trial court in view of the direction of the Supreme court on the law of sedition.
A division bench of justices Mukta Gupta and Anish Dayal issued notice to Delhi Police and called for a status report within two weeks. The petitions have been listed for 25 August for further hearing.
Advocate Talib Mustafa, counsel for Sharjeel Imam, submitted before the bench that these petitions are against the trial court order denying interim bail and stay of trial in the sedition case.
Sharjeel Imam has moved the petitions through advocate Ahmad Ibrahim challenging the orders of the trial court passed on 23 July 2022.
Additional Sessions Judge Amitabh Rawat of Karkardooma Court, while dismissing the interim bail plea and the oral prayer for a stay on trial had referred to the order passed by the Supreme Court. He said, "Thus, there is no total embargo on the continuance of trial in a case involving various offences including Section 124A (Sedition) Indian Penal Code (IPC)."
The Court had said, "In the present case, the trial is continuing against accused Sharjeel Imam not only in respect of offence under Section 124A IPC but also for the offence under Section 153A, 153B, 505 of IPC and 13 of Unlawful Activities Prevention Act (UAPA) .
The apex court had said that all pending trials, appeals and proceedings with respect to the charge framed under Section 124A of IPC be kept at abeyance. Adjudication with respect to other Sections, if any, could proceed if the Court is of the opinion that no prejudice would be caused to the accused.
Advocate Talib Mustafa and Ahmad Ibrahim, counsels for the accused, had submitted that in view of the direction passed by the Supreme Court on May 11, 2022, in the case of SG Vombatkere Vs. Union of India, all pending trials with respect to the charge framed under Section 124A IPC have been kept in abeyance.
It was submitted by the special public prosecutor that in the present case, apart from section 124A IPC, other provisions of the law are also invoked including Section 13 of UAPA and the trial can proceed without causing prejudice to the accused by examination of many witnesses.
Delhi Police had registered a case against JNU's former student Sharjeel Imam for the alleged seditious speeches during the anti CAA-NRC protest. Delhi Police Crime Branch has filed a charge sheet and charges have been framed under section 124A IPC along with 13 of UAPA.
While arguing on bail plea advocate Talib Mustafa had argued that in the light of direction given by the Supreme court on Sedition law, the trial should have been stayed and Sharjeel Imam should be released on interim bail.
On the other hand, the special public prosecutor argued that though the proceedings under sedition law are stayed by the Supreme court but the section of the Unlawful Activities Prevention Act (UAPA) is invoked. These sections cannot be ignored. In these circumstances, the accused should not be granted interim bail.
The Supreme court had directed to keep all pending appeals and proceedings with respect to the charge framed under section 124A (Sedition) of the Indian Penal Code in abeyance.
The bail application had stated that his bail application was dismissed by the trial court because it found that a prima facie offence under section 124A was made out against him.
