The Delhi High Court, on Wednesday, granted bail to student activist Sharjeel Imam in connection with a 2020 communal riots case involving allegations of sedition and unlawful activities.
Imam challenged a lower court’s decision denying him bail, despite having served more than half of the potential maximum sentence in the event of conviction.
“After hearing arguments from Imam’s counsel and the Delhi Police, the bench comprising of Justices Suresh Kumar Kait and Manoj Jain allowed the appeal,” stated the court.
According to the prosecution, Imam delivered speeches at Jamia Millia Islamia on December 13, 2019, and at Aligarh Muslim University on December 16, 2019, where he allegedly threatened to sever Assam and the rest of the Northeast from India.
The Delhi Police’s Special Branch initially registered the case for sedition, later invoking Section 13 of the Unlawful Activities (Prevention) Act (UAPA). Imam has been in custody since January 28, 2020.
Imam argued in the trial court that he has already spent four years in custody, and the maximum sentence for the offence under Section 13 (punishment for unlawful activities) of the UAPA is seven years upon conviction.
Under Section 436-A of the Criminal Procedure Code (CrPC), a person can seek release if they have served more than half of the maximum sentence prescribed.
The trial court, while denying bail on February 17, had stated that the accused’s detention could be prolonged in “exceptional circumstances” after considering the prosecution’s arguments.
Imam faces multiple charges related to the 2020 communal riots, including allegations of involvement in a broader conspiracy behind the violence. He remains in judicial custody in connection with the conspiracy case.
