The Delhi High Court on Wednesday granted bail to Jawaharlal Nehru University (JNU) scholar Sharjeel Imam in a case related to the 2020 communal riots, involving charges of sedition and unlawful activities. The bail was granted by a bench comprising Justices Suresh Kumar Kait and Manoj Jain.
Sharjeel Imam was arrested in connection with the Delhi riots for allegedly delivering inflammatory speeches at Jamia Millia Islamia on December 13, 2019, and at Aligarh Muslim University on December 16, 2019. According to the prosecution, Imam’s speeches included threats to sever Assam and the rest of the Northeast from India.
Initially booked under sedition charges, the case against Imam saw the addition of Section 13 of the Unlawful Activities (Prevention) Act (UAPA) by Delhi Police’s Special Branch. Imam has been in custody since January 28, 2020.
Imam challenged the trial court’s decision to deny him bail, arguing that he had already served more than half of the maximum sentence prescribed under Section 13 of the UAPA, which is seven years. According to Section 436-A of the Code of Criminal Procedure (CrPC), a detainee is eligible for release if they have spent more than half of their potential maximum sentence in custody.
Despite Imam’s argument, the trial court had refused bail on February 17, citing the possibility of extending custody in “exceptional circumstances” after considering the prosecution’s case. However, the High Court bench decided in Imam’s favor, stating, “Appeal is allowed,” after hearing arguments from both Imam’s counsel and the Delhi Police.
In addition to this case, Sharjeel Imam faces several other charges related to the 2020 communal riots, including allegations of a larger conspiracy behind the violence. He remains in judicial custody for these other cases.
