Sharjeel Imam, accused in a sedition case for allegedly delivering provocative speeches against the Citizenship Amendment Act (CAA) and the National Registrar of Citizens (NRC), moved Delhi's Karkardooma Court on Friday, 27 May, for interim bail in the 2019 case.
This comes a day after the Delhi High Court asked Imam to move a lower court.
The court on Thursday had granted Imam’s lawyer, advocate Tanvir Ahmed Mir, the liberty to move the trial court for bail, keeping in mind the recent Supreme Court judgment on the sedition law, news agency ANI reported.
A division bench comprised of Justice Mini Pushkarna and Justice Mukta Gupta had pronounced their order in line with directions from the country’s apex court which kept all pending appeals and proceedings under Section 124A, which criminalised sedition, in abeyance, according to ANI.
During Thursday's hearing, Imam had filed his bail application alongside his already pending high court appeal.
However, Special Public Prosecutor (SPP) Amit Prasad had raised an objection, citing a 2014 Supreme Court order.
The order in question said that in these situations, any such bail applications first go to the trial court. It is only if relief is not granted, that the accused move the high court.
In his new plea, Imam had stated that the lower court rejected his bail application as the court found it fit to frame sedition charges after they found that the prima facie offense made out against him was under Section 124A, Bar and Bench reported.
“In view of the Hon'ble Supreme Court's directions, the hindrance raised by the Ld. Special Court in the impugned order stands obviated, and observations surrounding the offence under section 124-A IPC cannot be taken into consideration in the proceedings against the Appellant pending the final outcome of the Constitutional challenges to the section.”Sharjeel Imam in HC plea.
Imam’s application, dated 12 May, had stated that the case against him stands remarkably diluted, hence improving his chances to secure bail.
The allegedly inflammatory speeches for which Imam was arrested were made at Jamia Millia Islamia on 13 December 2019 and at Aligarh Muslim University on 16 January 2020 in which he called for a chakka jam on roads leading to Assam.
The Delhi High Court will consider Sharjeel Imam’s appeal against framing of the Sedition charge on 26 August.
(With inputs from ANI and Bar and Bench)
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