NEW DELHI: Today, Delhi Court reserved order on the Interim Bail Plea moved by Sharjeel Imam. The Bench headed by Additional Sessions Judge Amitabh Rawat reserved the order on the question of the continuation of trial in the case after Sharjeel’s main counsel argued that in view of the Apex Court order, the criminal trial in respect of Sedition offense has stayed.
Imam was an alleged offense under UAPA. The FIR relates to the alleged inflammatory speeches made by him in Aligarh Muslim University and Jamia area in Delhi against the Citizenship Amendment Act.
Though, Special Public Prosecutor Amit Prasad opposed the argument and submitted that “Evidence can go on as trial can continue for offenses other than sec. 124 A IPC and no prejudice will be caused to Imam if other formal witnesses are examined, who who have to be examined regardless of sec. 124A IPC”
The plea states that “In view of the Hon’ble Supreme Court’s directions, the hindrance raised by this Ld. Special Court in the impugned order stands obviated, and observations surrounding the offense under section 124-A IPC cannot be taken into consideration in the proceedings against the Petitioner pending the final outcome of the Constitutional challenges to the section,”
Further, the plea added that Sharjeel Imam was incarcerated for nearly 28 months whereas the maximum punishment for the offenses, not including 124-A IPC, is punishable up to a maximum of 7 years of imprisonment.
The Court had framed charges against Imam in the matter under Sections 124A (sedition), 153A (Promoting enmity between different groups on grounds of religion, etc.), 153B (Imputations, assertions prejudicial to national integration), 505 (Statements conducing to public mischief) of the IPC along with Section 13 (Punishment for unlawful activities) of the UAPA.
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