
Opposing JNU student Sharjeel Imam’s bail application in an alleged hate speech case, the Delhi Police Thursday told the Delhi High Court that the offence is grave in nature and the lower court has proposed to conduct a trial on a day-to-day basis.
The High Court on March 9 had questioned the manner in which the trial court dealt with Imam’s bail application. Observing that the order passed by the lower court is very circumscribed, a division bench had said, “Why should he not be enlarged on bail… he (trial court) deals with nothing.”
Police, in a reply told the court, said that there are only 43 witnesses in the case, and that charges have already been framed against Imam on March 15. Pertinently, Imam has challenged the order by which charges were framed by the trial court.
“The fundamental criteria i.e., the severity and gravity of the offence, cannot be overlooked in any manner before applying the triple test (for consideration of bail). The facts of the instant case on which the charges are framed against the accused indeed suggest that the offence, as charged against the accused, is grave in nature and there is no frivolity in the case of the prosecution,” police said in the reply.
Imam, a PhD student from JNU, in the appeal has sought setting aside of the order dated January 24 by which Additional Sessions Judge Amitabh Rawat dismissed his application for bail in the case registered by the Crime Branch on January 25, 2020, under IPC section 124A (sedition), section 13 of UAPA, and other provisions of the penal code.
Imam – who is in detention in other cases also – in the Crime Branch case, is accused of giving “inflammatory and instigating speeches” against the government on CAA and NRC, particularly at Jamia Millia Islamia University in December 2019. He was arrested from Bihar on January 28, 2020.
The hearing in his bail application could not take place Thursday. The court listed the application for hearing on April 29.
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