New Delhi, June 6 (Agency) A Delhi Court, after hearing argument on the bail application of Sharjeel Imam, arrested in a sedition case for delivering speeches against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC), reserved its order for June 10. Earlier, the Delhi High Court had asked Sharjeel to approach the lower court for bail, after hearing the objections of prosecution based on maintainability. The Prosecution submitted before the 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 relief was not granted, can the accused move to the High Court, as the case was triable by a Special Court only. Sharjeel then withdrew his bail application from the High Court and moved it before the trial court.
The Counsel for Sharjeel submitted that in view of the recent direction of the Apex Court, Sharjeel should be granted bail. He submitted that the Supreme Court had directed to keep all pending appeals and proceedings with respect to the charge framed under Section 124A (Sedition) of the Indian Penal Code (IPC) in abeyance. He submitted that the bail application of Sharjeel was dismissed by the trial court because the Court said a prima facie offence under Section 124A was made out against him. 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, contended the Counsel. Additional Session Judge Amitabh Rawat reserved order for pronouncing on June 10 and said that the Prosecution shall file the written submission on or before the next date of hearing.