Sedition case: Delhi HC to hear two bail pleas of Sharjeel Imam together on Jan 30

New Delhi [India], January 17 : The Delhi High Court on Tuesday said it will hear together on January 30 two separate petitions filed by Jawaharlal Nehru University alumnus Sharjeel Imam, seeking interim as well as regular bail in a sedition case.
Sharjeel Imam is in custody for three years.
The division bench comprising justices Sidharth Mridul and Talwant Singh on Tuesday said that it would hear the two pleas of Sharjeel Imam together.
The High Court said that both pleas are related to one FIR. "We cannot hear you today for interim bail and again for regular bail. The end result is the same," said the Court.
However, the court advanced the date of hearing in regular bail from April 10 to January 30.
The High Court was hearing the plea seeking interim bail in the sedition case pursuant to the Supreme Court's direction to keep abeyance of the cases related to the Sedition case.
The bench observed, "The two pleas pertain to the same FIR, you cannot press the same issue simultaneously. We will hear the two pleas against denial of the regular bail and interim bail together."
The regular bail plea of Sharjeel is coming for a hearing in April. Until the Supreme Court decide the constitutional validity of the offence of sedition, he should be released on interim bail, his counsel argued.
Delhi High Court on October 31 directed the trial court to examine the prosecution witness in a case against Sharjeel Imam except for the ones who are to be examined to prove the offence of Sedition. The Supreme Court in May had stayed the cases related to the alleged offence of Sedition.
Sharjeel Imam in July 2022 moved two pleas seeking for a stay on trial in a case of sedition against him and interim bail in the matter.
His pleas earlier were dismissed by the trial court.
The High Court had directed to examine and cross-examine 20 Prosecution witnesses in a Sedition case against Sharjeel Imam.

The court asked to examine the witnesses except for six witnesses including police officers and sanction authorities related to the offence of Sedition. There were a total of 43 Prosecution witnesses.
The High Court had earlier noted that Sharjeel Imam was arrested on January 28, 2020 and he is in custody for almost three years. It was also noted that the maximum punishment in the section of UAPA levelled against him is seven years. The maximum punishment in other sections related to promoting enmity between people is three years.
Earlier, Delhi Court had declined to stay the trial against Sharjeel Imam in the sedition case. His counsels had orally prayed a stay in the case in view of directions passed by the Supreme Court on sedition law in May 2022.
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.
Additional Sessions Judge Amitabh Rawat of Karkardooma Court while dismissing the oral prayer 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 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 (UAPA).
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 charge framed under Section 124A IPC were kept in abeyance.
It was submitted by the SPP 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 former JNU student Sharjeel Imam for the alleged seditious speeches during the anti-CAA (Citizenship Amendment Act)-NRC (National Register of Citizens) protest. Delhi Police Crime Branch filed a chargesheet and charges have been framed under section 124A IPC along with 13 of UAPA.