NEW DELHI: On Wednesday, the Delhi High Court granted bail to student activist Sharjeel Imam in connection with the 2020 riots case involving allegations of sedition. Imam was arrested on February 17, 2021, for a speech he allegedly delivered at Delhi’s Jamia Millia Islamia University in December 2019 during the anti-Citizenship Amendment Act (CAA) protests.
Sharjeel Imam was charged under the Unlawful Activities (Prevention) Act (UAPA) for his alleged role in the larger conspiracy behind the riots in northeast Delhi in February 2020. The prosecution claims that Imam made speeches at Jamia Millia Islamia on December 13, 2019, and at Aligarh Muslim University on December 16, 2019, in which he threatened to cut off Assam and the rest of the North East from India.
Imam challenged a trial court order that had refused to grant him bail, arguing that he had already served more than half of the maximum sentence he could receive if convicted. The maximum sentence under section 13 (punishment for unlawful activities) of UAPA is seven years.
A bench of Justices Suresh Kumar Kait and Manoj Jain heard the arguments from Imam’s counsel and the Delhi Police, ultimately deciding to grant bail. “Appeal is allowed,” the bench stated.
Sharjeel Imam has been in custody since January 28, 2020, and was initially booked for sedition. Section 13 of UAPA was added to his charges later. Imam’s defense argued that under Section 436-A of the Criminal Procedure Code (CrPC), a person can be released from custody if they have served more than half of the maximum sentence for their offense.
Despite the trial court’s February 17 ruling that denied Imam bail, stating that his custody could be extended under “exceptional circumstances,” the High Court decided in his favor. The court acknowledged that Imam had spent over four years in custody, more than half the potential maximum sentence.
Imam is also an accused in several other cases related to the 2020 communal riots, including the case concerning the alleged larger conspiracy behind the violence. He remains in judicial custody for the conspiracy case.
This decision by the Delhi High Court is a significant development in the legal proceedings related to the 2020 Delhi riots, highlighting ongoing judicial scrutiny of cases under stringent laws like the UAPA.
