The Delhi High Court has granted bail to JNU scholar Sharjeel Imam in a 2020 communal riots case. He was accused of sedition and unlawful activities related to inflammatory speeches made during the Delhi riots. However, despite being granted bail, Imam will remain in jail as he is also implicated in a larger conspiracy case linked to the same riots.
Imam's bail was approved by a bench of justices Suresh Kumar Kait and Manoj Jain. He had challenged a trial court's decision denying him bail, arguing that he had already spent more than half of the maximum sentence possible for his alleged offence.
The prosecution accused Imam of delivering provocative speeches at Jamia Millia Islamia and Aligarh Muslim University in December 2019, where he reportedly threatened to disconnect Assam and the Northeast from India. The case was initially registered for sedition, and later, Section 13 of the Unlawful Activities (Prevention) Act (UAPA) was invoked.
Imam has been in custody since January 28, 2020, and argued that, according to Section 436-A CrPC, he should be released as he has already served more than half of the maximum sentence for the alleged offence. However, the trial court refused bail, citing "exceptional circumstances."
Despite being granted bail in this particular case, Imam remains implicated in other cases related to the 2020 Delhi riots, including the broader conspiracy case. Therefore, he will continue to be held in judicial custody.
Imam's case underscores the complex legal landscape surrounding the Delhi riots, with multiple individuals facing charges ranging from sedition to conspiracy. The decision to grant bail in one case while remaining in custody for another highlights the intricacies of the legal process and the various factors considered by the judiciary in such matters.
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