Sharjeel Imam moves Delhi HC challenging trial court order granting more time to file charge-sheet
May 11, 2020
New Delhi [India], May 11 : JNU student Sharjeel Imam moved Delhi High Court on Monday challenging a trial court order, which granted three months time to Delhi Police to file the charge-sheet in a case related to alleged inflammatory and instigating speeches during the protests against Citizenship Amendment Act (CAA) and National Register of Citizens (NRC).
Imam has challenged the trial court order granting more time to the police to file its charge-sheet after invoking the Unlawful Activities (Prevention) Act (UAPA) against him.
He has also approached the High Court seeking a default bail in the matter, which was recently rejected by a trial court. Default bail is sort of a rap on the police for not completing the probe and filing the final report within the prescribed limit of days of the first remand of the accused.
Imam was arrested by the Delhi Police on January 28 from Bihar for giving allegedly a seditious speech and abetting riots in Jamia Millia Islamia area in December last year.
The Patiala House court had recently extended the period of the investigation against Sharjeel Imam, who was booked for "unlawful activities" under the stringent Unlawful Activities (Prevention) Act, from 90 days to 180 days.
Sharjeel Imam had approached the trial court for default bail as he was arrested on January 28, 2020, and stated that statutory period of 90 days would have concluded on April 27, 2020, and the investigation was not concluded by the investigating agency and the applicant has an indefeasible right to be released on bail.
Additional Session Judge Dharmender Rana had, while dismissing the bail, observed that it is not legally competent to review its own order of April 25 where it further extended the time by 90 days as sought by the investigation agency on the grounds that it will be invoking UAPA and needs to investigate the matter.
According to Delhi Police, Imam was continuously giving inflammatory and instigating speeches during protests against CAA and NRC and his speeches were communal in nature, which caused serious communal strife and promote enmity between various religious groups.
Police said that riots broke out "in consequence to the protest march organised by Jamia students" against the Citizenship (Amendment) Act in New Friends Colony and Jamia area in December last year. "The mob indulged in large scale rioting, stone-pelting and arson, and in the process destroyed many public and private properties," it said.
Meanwhile, the Supreme Court has also sought Delhi government's reply on a plea by Imam seeking clubbing of multiple FIRs levelling sedition charges against him for allegedly making inflammatory speeches.