Detailed hearing required on Sharjeel Imam’s bail plea based on Supreme Court order: HC

While adjourning the matter for hearing on July 26, Justice Anoop Kumar Mendiratta said that since apart from the IPC section 124A, the prosecution has invoked section 153A also in the case, “a detailed hearing would be required”.

The court was also told by special public prosecutor Amit Prasad that the Additional Solicitor General, who is to argue the case on behalf of the police, is not available.

Imam moved the application, last month, in his pending bail plea in a case registered at New Friends Colony police station in connection with the protest that took place in December 2019 against the Citizenship Amendment Bill. The case mainly deals with a speech given by him at the Jamia Millia Islamia University.

While the trial court in its order passed in October 2021 had said the evidence against Imam on other charges is “scanty and sketchy”, it had held his speech to be “clearly on communal/divisive lines”. The bail was denied particularly due to invocation of Section 124A and 153A in the case.

Justice Mendiratta said the court would have to give a finding on the speech, and it would be more appropriate to hear the matter at length after summer vacation. The court also noted that Imam’s bail pleas in other cases are also pending.

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A division bench of the High Court, on May 26, asked Imam to first move trial court for interim bail in another sedition case registered by the Crime Branch in connection with speeches delivered by him at Jamia Millia Islamia University and Aligarh Muslim University. Police had argued that since the case also involves UAPA provisions, he would have to first approach trial court.