Delhi High Court asks Sharjeel Imam to approach lower court for bail in Sedition case

The Delhi High Court on Thursday asked Sharjeel Imam to approach the lower court for bail in the Sedition case registered against him for his allegedly provocative speeches against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). .A Division Bench of Justices Mukta Gupta and Mini Pushkarna pronounced the order in view of the Supreme Court's direction to keep all pending appeals and proceedings with respect to the charge framed under Section 124A of the Indian Penal Code, which criminalised Sedition, in abeyance..Imam had filed the application for bail in his already pending appeal before the High Court following the apex court's order. However, an objection was raised today by Special Public Prosecutor (SPP) Amit Prasad that in terms of the orders of the Supreme Court in a 2014 matter, any such bail application would first go to the trial court and only if the relief is not granted, can the accused move the High Court. After recording the SPP's submission, the Court granted leave to Advocate Tanvir Ahmed Mir, appearing for Imam, to approach the lower court. .In his new plea before the High Court, Imam submitted that his bail was rejected by the lower court primarily because it had seen it fit to frame Sedition charges, after finding that a prima facie offence under Section 124A was made out against him.The application filed by him on May 12 stated that the case against him now stands significantly diluted and improves his case for securing bail."In view of the Hon'ble Supreme Court's directions, the hindrance raised by the Ld. Special Court in the impugned order stands obviated, and observations surrounding the offence under section 124-A IPC cannot be taken into consideration in the proceedings against the Appellant pending the final outcome of the Constitutional challenges to the section," the application stated.The application was filed through Advocates Talib Mustafa, Ahmad Ibrahim and Kartik Venu..The High Court will now consider Imam's appeal against framing of Sedition charges on August 26.