In a significant development, the Delhi High Court on Wednesday granted statutory bail to Sharjeel Imam in a sedition case related to inflammatory speeches at Jamia Millia Islamia and Aligarh Muslim University in 2019. The division bench, comprising Justice Suresh Kumar Kait and Manoj Jain, approved Imam’s bail application based on the duration of his custody. Imam has been in custody since January 2020.
Sharjeel Imam, who is also an accused in the larger conspiracy case of the Delhi riots, had his earlier bail plea dismissed by the Tis Hazari court in February. The High Court had issued a notice to Delhi Police in March, following Imam’s plea challenging the trial court’s decision.
During the hearing, Senior Advocate N Hariharan argued on behalf of Imam, emphasizing that he had been in custody for over four years—more than half of the maximum sentence for the charges under the Unlawful Activities (Prevention) Act (UAPA). The prosecution, represented by Additional Public Prosecutor Atul Srivastava and advocate Madhav Khurana, opposed the bail, citing the severity of the offences and their impact on national integrity and sovereignty.
Imam’s legal team, including advocates Talib Mustafa and Ahmad Ibrahim, argued that the charges under Section 124A (sedition) have been stayed by the Supreme Court, and the other charges under the IPC and UAPA did not justify prolonged custody. They highlighted the lack of contemporaneous complaints and questioned the gravity of the injuries alleged in the FIR.
Despite opposition from the prosecution, which argued that the gravity of the offences outweighed the period of custody, the High Court granted Imam’s bail. The court’s decision considered the substantial time Imam had already spent in custody and the principle of a speedy trial under Article 21 of the Constitution.
The case, which has seen multiple delays and legal battles, will now proceed with Imam out on bail, pending further hearings.