Delhi High Court seeks police’s stand on Sharjeel Imam’s bail plea in sedition case

On February 17, the trial court had denied Imam’s bail plea while observing that the contents of Imam’s anti-CAA speeches given at Jamia Millia Islamia and AMU, could be termed “seditious” in the “dictionary meaning”. The trial court had noted, “Although the applicant did not ask anybody to pick weapons and kill the people, his speeches and activities mobilised the public which disrupted the city and might be the main reason for the outbreak of the riots”.

The trial court had stated that Imam had “skillfully manipulated the real facts and incited the public in order to create havoc in the city”, capturing the minds of “a particular community” and inciting them to engage in disruptive activities. The court had said that while it cannot take into consideration section 124A of the IPC,“… if the acts and actions of the applicant are considered, in a normal dictionary meaning, they can be termed as seditious”.

Imam had argued before the trial court he was entitled to be released on statutory bail as he had been in custody for four years and the maximum sentence for the offence under UAPA Section 13 is seven years if convicted. As per section 436-A of the CrPC, a person can be released from custody if he has spent more than half of the maximum sentence prescribed for the offence.