ALLAHABAD HC GRANTED BAIL TO SHARJEEL IMAM “his speech did not incite violence”

On Saturday, the Allahabad High Court allowed bail to Sharjeel Imam and held that he did not call anyone to bear arms, and neither did his speeches incite violence.

In January 2020, Imam gave a speech at Aligarh Muslim University during a protest against the Citizenship Amendment Act (CAA). Four FIRs were lodged against him in different places, including Aligarh, for promoting enmity between religions. 

Counsel for Imam argued that the ingredients of the offenses are not made out as Imam did ask the listeners to engage in violent acts that may have threatened the integrity of the country. Moreover, there is no material to show that his words had any effect on the crowd. The FIR was registered nine days after the date of speech without any material evidence. 

Additional Advocate General opposed the bail by arguing that the content of the FIR clearly shows sedition and other offenses mentioned. He further informed the Court about the criminal history of Imam in similar cases and those involving offenses including Section 302 IPC (murder)

After hearing the parties, the Court noted that Imam has remained in jail for more than one year for an offense that carries a maximum punishment of 3 years. In view of the same, the Court granted bail with a personal bond of ₹ 50,000. 

Author: Papiha Ghoshal