Delhi high court asked JNU student Sharjeel Imam to first approach trial court regarding Sedition case registered against him regarding his ‘allegedly provocative’ speeches on the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).
A bench of Justices Mukta Gupta and Mini Pushkarna pronounced this order in light of the Supreme Court’s ruling to halt all ongoing appeals and actions related to the charge established under Section 124A of the Indian Penal Code that criminalised Sedition.
Following the apex court’s judgement on Section 124A, Imam filed a plea for bail in his already ongoing appeal before the High Court.
But Special Public Prosecutor (SPP) Amit Prasad objected today, claiming that under Supreme Court guidelines issued in a 2014 case, any such bail plea must first go before the trial court, and only if the relief is not provided can the accused proceed to the High Court.
Following the recording of the SPP’s submission, the Court gave Imam’s lawyer, Advocate Tanvir Ahmed Mir, permission to proceed to the lower court.
Imam said in his fresh plea before the High Court that the lower court refused him bail because it saw fit to file Sedition charges against him after determining that a prima facie offence under Section 124A had been made proven against him.
His application, filed on May 12, indicated that the case against him has been weakened, which improves his chances of obtaining bail.
Advocates Talib Mustafa, Ahmad Ibrahim, and Kartik Venu filed the application.
On August 26, the High Court will hear Imam’s appeal against the Sedition accusations being filed against him.
