The Delhi High Court has granted statutory bail to activist Sharjeel Imam in a sedition and Unlawful Activities Prevention Act (UAPA) case, criticizing the trial court for being influenced by the severity of the allegations against him.
A Division Bench comprising Justices Suresh Kumar Kait and Manoj Jain observed that there was no substantial evidence to deny Imam statutory bail under Section 436A of the Code of Criminal Procedure (CrPC). The Court stated, “The trial court was swayed by the enormity of the allegations, claiming that his inflammatory speeches incited riots. However, we find no justifiable reason that could have prevented the Court from granting bail. There was nothing on record that should have disqualified him from seeking relief under Section 436-A CrPC.”
The High Court’s May 29 order came after Imam was accused of delivering provocative speeches at Aligarh Muslim University (AMU) and in Delhi’s Jamia area, which allegedly led to riots. The Bench emphasized that serious allegations alone are insufficient grounds to deny statutory bail.
“Merely attempting to avail legal remedies cannot be considered adverse conduct, disqualifying him from seeking release,” the Court further noted.
Imam, who has already spent four years in jail out of the maximum sentence of seven years, argued that he is eligible for statutory bail. He highlighted that the Supreme Court of India has kept the sedition charge in abeyance, and the UAPA provisions against him do not exceed a seven-year sentence.
Previously, on February 17, the trial court denied Imam bail, asserting that although his speeches against the Citizenship Amendment Act (CAA) did not directly incite violence, they mobilized the public, which was a key factor in the Delhi riots. Additional Sessions Judge Sameer Bajpai remarked that Imam’s speeches were powerful enough to incite disruptive activities among a particular community.
Despite the High Court’s ruling in favor of Imam’s bail plea, he remains in jail due to his involvement in the larger conspiracy case related to the Delhi riots.
Imam was represented by advocates Talib Mustafa, Ahmad Ibrahim, Raksha Agarwal, Kartik Venu, Shaurca Tyagi, and Ayesha Zaidi. Special Public Prosecutor Rajat Nair and advocate Dhruv Pande appeared for the Delhi Police.