Delhi Court seeks response from Delhi Police on bail olea of Sharjeel Imam arrested in sedition case sought response from Delhi Police

New Delhi, May 31 (Bureau) A Delhi Court after hearing bail application of Sharjeel Imam arrested in sedition case issued notice to Delhi Police and sought their response. A sedition case was registered against Sharjeel Imam for alleged speeches against the CAA and NRC. Delhi High Court after hearing the objections of prosecution based on maintainability asked Sharjeel to approach the lower court for bail. Prosecution submitted before Delhi High Court that in terms of the Supreme Court order of 2014, any such bail application would first go to the trial court and only if the relief is not granted, can the accused move to the High Court as the case is triable by a Special Court only.

Then Sharjeel after withdrawing the bail application from High Court moved it before the trial court. Counsel for Sharjeel submitted that in the view of the recent direction Supreme Court Sharjeel Imam should be granted bail. He submitted that Supreme court had directed to keep all pending appeals and proceedings with the respect to the charge framed under section 124A (Sedition) of the Indian Penal Code in abeyance. He submitted that bail application of Sharjeel was dismissed by the trial court because the Court said that a prima facie offence under section 124A was made out against him.

He submitted that in view of the direction of Supreme Court, the hindrance raised by the Special Court in the impugned order stands obviated, and observations surrounding the offence under section 124A IPC cannot be taken into consideration in the proceedings against the appellant pending the final outcome of the Constitutional challenges to the Section, bail may be granted now. Special judge Amitabh Rawat who is dealing with the case was on leave, therefore the link Additional Sessions Judge issued notice to Delhi police to file a reply on the bail application and adjourned the matter for hearing on June 6.