Sharjeel Imam seeks bail, says half of maximum sentence under UAPA is complete

Imam was booked for sedition by Delhi Police’s Special Branch in 2020 for allegedly making inflammatory speeches at Aligarh Muslim University against the Citizenship Amendment Act. Later, Section 13 of the UAPA was invoked against him.

Sharjeel Imam, who has been in judicial custody since January 28, 2020, has argued in his plea that he is entitled to be released on statutory bail as he has undergone half of the maximum seven years of punishment prescribed under Section 13 of UAPA. (Facebook/Sharjeel Imam)

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Sharjeel Imam, booked in 2020 under sections of the Unlawful Activities Prevention Act (UAPA) and sedition among other offences, has moved a Delhi Court seeking statutory bail for completing half of the maximum sentence of seven years for the offences committed by him.

Imam was booked for sedition by Delhi Police’s Special Branch in 2020 for allegedly making inflammatory speeches at Aligarh Muslim University (AMU) against the Citizenship Amendment Act (CAA). Later, Section 13 of the UAPA was invoked against him.

Imam, who has been in judicial custody since January 28, 2020, has argued in his plea that he is entitled to be released on statutory bail as he has undergone half of the maximum seven years of punishment prescribed under Section 13 of UAPA.

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“…. as per the maximum punishment extending up to 7 years prescribed under Section 13 UAPA, the Applicant has completed one-half of the maximum period of imprisonment specified for the concerned offence by law ….and hence, deserves the liberty of this Ld. Court by grant of statutory bail under section 436A of Cr.P.C,” he said in the bail plea.

Counsels Talib Mustafa and Ahmad Ibrahim, who are representing Imam, said after the stay of the trial in the sedition charges against Imam by the Delhi High Court via a 2022 order, the charges against him which attract maximum punishment are now those of the UAPA.

“…after the stay of trial in the present case by Hon’ble High Court of Delhi in regard to the main offence of Section 124A IPC (Sedition) … the only offences remaining against the Applicant related to an offence punishable U/s 153A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) which is punishable with imprisonment which may extend to five years, 153 IPC (Imputations, assertions prejudicial to national-integration) which is punishable with imprisonment which may extend to five years, 505 IPC (Statements conducing to public mischief) which is punishable with imprisonment which may extend to five years and 13 of UAPA (Punishment for unlawful activities) which punishable with imprisonment which may extend to seven years,” said the application.

The application also stated Imam will abide by all conditions and restrictions imposed upon him by the Court in the case of his release.

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The statutory bail plea will be heard on September 11 by Additional Sessions Judge Amitabh Rawat of the Karkardooma Court.

Earlier, Imam was charged for the offences under Section 124A (sedition), 153A (Promoting enmity between different groups on grounds of religion, etc), 153B (Imputations, assertions prejudicial to national-integration), 505 (statements conducing to public mischief) of the IPC along with sections of UAPA.

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