The Delhi High Court on Thursday reserved its order on a plea by former JNU student Sharjeel Imam, arrested in a case related to alleged inflammatory speeches during protests against Citizenship (Amendment) Act and National Register of Citizens. Mr. Imam’s plea challenged a trial court order granting more time to the police to conclude investigation.
Justice V. Kameswar Rao, who heard the matter through videoconferencing for over five hours, also asked the counsels for the police and Mr. Imam to give written submissions by June 28, following which the order will be pronounced.
During the day-long hearing, Additional Solicitor General (ASG) Aman Lekhi, appearing for the Delhi police, opposed Mr. Imam’s plea saying that there was no infirmity in the April 25 trial court’s order.
Mr. Lekhi argued that due to the COVID-19 pandemic, a nationwide lockdown was imposed on March 25, following which the pace of investigation got disrupted as it was not done through videoconferencing. The ASG said that the application for extension of time for investigation was filed before the expiry of the 90-day period.
On the other hand, senior advocate Rebacca John, appearing for Mr. Imam, contended that the police deliberately kept waiting for over 80 days before invoking the Unlawful Activities (Prevention) Act against her client. This, she contended, was done with the sole intention to curtail Mr. Imam’s liberty and deprive him of right to the statutory bail after custody of 90 days. Ms. John also stated that neither Mr. Imam, nor his lawyer was intimated by the trial court about the application of the special cell seeking extension of time to file the chargesheet.
She also argued that the application by the police to the public prosecutor was made on April 25, adding that the report was made and the order of the court allowing the extension was issued on the same day. “Just because the investigating agency wants an extension, it was not incumbent on the public prosecutor to simply act as a post office and move a report endorsing the investigating agency’s request,” Ms. John said. She stated that there was no application of mind by the public prosecutor in his report as he had repeated words and spelling mistakes made by the investigating officer in the application.
Mr. Imam was arrested on January 28 from Bihar’s Jehanabad district.