HC issues notice to Delhi Police on Sharjeel Imam's appeal challenging trial court bail dismissal order

The Delhi High Court on Wednesday issued notice to Delhi Police on an appeal moved by former JNU Student Sharjeel Imam challenging a trial court order in which the bail was denied to him in a case related to alleged inflammatory speeches given by him at Aligarh Muslim University and in the Jamia area during the antiCAA agitation in 2019 and 2020The bench of Justice Siddharth Mridul and Justice Anoop Kumar Mehndiratta on Wednesday sought the response of Delhi Police through the state and listed the matter for March 24 2022After taking note of the submission made by Sharjeel Imams counsel Advocate Tanveer Ahmad Mir justice Mridul asked Delhi Police that since offences were less than seven years punishment why should he not be enlarged and also asked if he was a flight risk or would influence the witnesses or tamper with the evidenceMeanwhile the Counsel who appeared for Delhi police said the accused is also charged with Section 124A in which an accused shall be punished with imprisonment for lifeSharjeel Imam while challenging the order dated January 24 2022 passed by the Additional Session Judge of Karkardooma Court stated that the trial court has been wrongly dismissed after holding that the Special Court has no power under Section 439 CrPC to grant an accused regular bail even in cases where the additional constraint of section 43D5 UAPA didnt applyThe petition stated that the instant FIR was registered against the Appellant on January 25 2020 simultaneously with four other FIRs across multiple states for the same speeches attributed to the Appellant The instant FIR was originally registered for the offences punishable us 124A 153A 153B and 5052 IPCSubsequently the Appellant was arrested in this case from his hometown of Jehanabad Bihar on January 28 2020 and was remanded to police custody for 8 days The Appellant has been in continuous judicial custody since thenThe Special Trial Court order dated January 24 this year has ordered to frame charges against the Appellant under all the invoked penal provisionsOn the same day that is on January 24 the Appellants application seeking grant of regular bail under Section 439 CrPC was dismissed by the Special Court which held that it could exercise power only under Section 437 CrPC placing reliance upon its order framing charges against the AppellantThe trial court judge had said accused is directed to be charged for the offences under sections 124A sedition 153A promoting enmity on grounds of religion 153B assertions prejudicial to national integration 505 statements conducing to public mischief of Indian Penal Code and section 13 punishment for unlawful activities of UAPA Vide separate order the application filed by Sharjeel Imam for grant of regular bail is dismissedSharjeet Imam was arrested in 2020 by Delhi Police from Jahanabad Bihar The Delhi Police has filed a charge sheet against him in the present case It was alleged that he gave speeches inciting hatred contempt and disaffection towards the Central governmentDelhi Police had mentioned in the charge sheet against Sharjeel that he is accused of delivering seditious speeches and inciting a particular section of the community to indulge in unlawful activities detrimental to sovereignty and integrity of the nationThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever