Delhi High Court issues notice to Delhi Police on plea by JNU student Sharjeel Imam

The Delhi High Court on Wednesday issued a notice to the Delhi Police on a petition moved by Jawaharlal Nehru University (JNU) student Sharjeel Imam challenging a trial court order granting more time to police to conclude the investigation.

Imam, arrested in a case related to alleged inflammatory speeches during the protests against CAA and NRC, had approached the high court challenging the trial court order granting three months time to Delhi Police to complete the investigation in the case under the stringent Unlawful Activities (Prevention) Act.

The accused has challenged trial court's April 25 order by which the Delhi Police was granted three more months, beyond statutory 90 days. The Delhi Police has to file a reply within two weeks. Delhi's Patiala House Court had recently extended the period of the investigation against Imam from 90 days to 180 days.

Imam has also sought default bail in the matter which was recently rejected by the trial court. Additional Session Judge Dharmender Rana had dismissed bail and observed that it was not legally competent to review its own order and had extended the time by 90 days on the ground made by the investigating agency, that they need time to investigate as they were about to invoke UAPA. 

He was arrested on January 28 in the case related to violent protests against the Citizenship Amendment Act near the Jamia Millia Islamia University in December 2019. The statutory period of 90 days from the arrest was concluded on April 27. He was arrested from Bihar's Jehanabad district.

Initially, a case under section 124 A (sedition) and 153 A IPC (promoting enmity between classes) and 505 (statements conducing to public mischief) of the Indian Penal Code was registered at the Crime Branch, New Delhi, pursuant to the alleged speeches addressed by Imam, allegedly instigating a particular religious section of the society to disrupt/block the access to North East region of India from rest of India, police had claimed.

The police had earlier charged Imam with sedition, alleging his speech promoted enmity between people that led to riots. The mob indulged in large-scale rioting, stone-pelting and arson, and in the process destroyed several public and private properties while a number of police personnel and people were injured in the riots, the police had told the court.

Imam was allegedly involved in organising protests at Shaheen Bagh but came into limelight after a video showed him making controversial comments before a gathering at Aligarh Muslim University, following which he was booked under sedition charges.

Another case was filed against Imam in Assam under the stringent anti-terror law for his remark that Assam could be "severed from India, even if for a few months" as a result of the Citizenship (Amendment) Act. Police in Manipur and Arunachal Pradesh had also lodged FIRs against the JNU scholar over his speech in which he threatened to "cut off" Assam and the rest of the northeast from the country.