The Delhi High Court on Monday told Sharjeel Imam-an accused in the 2020 northeast Delhi riots case-that it has not stayed the trial proceedings in the sedition case linked to his alleged inflammatory speeches at Aligarh Muslim University and Jamia area against the Citizenship Amendment Act (CAA).
"There is no stay, the trial would obviously proceed. If the trial court comes to a conclusion that enough material exists, it will proceed to frame charges," clarified the Bench of Justice Manoj Kumar Ohri when Imam's counsel pointed out that the trial court had proceeded to frame charges against his client.
The Delhi High Court was proceeding with the petition of Imam for the quashing of sedition and hate speech charges against him under the now-repealed provisions of the Indian Penal Code (IPC) Sections 124A and 153A.
The matter had to be adjourned as an adjournment was sought on behalf of Delhi Police.
Last week, the Supreme Court has refused to entertain a petition filed by Sharjeel Imam seeking bail in what he claimed was a larger conspiracy behind the 2020 Delhi riots.
It said that Imam, accused under the Unlawful Activities (Prevention) Act (UAPA), should not have moved a writ petition directly before the apex court when his bail plea is pending adjudication before the Delhi High Court. However, the top court asked the Delhi High Court to hear Imam's bail plea on the date fixed and decide it expeditiously.
He had moved an appeal before the Delhi HC challenging the trial court order that refused him bail last year. He was arrested in August 2020 under this case. Since January last year, he has been spending over eight months in custody. He was arrested after a series of FIRs against him related to the violence.
The police accused Imam of delivering inflammatory speeches in Jamia Millia Islamia, Delhi on December 13, 2019 and in Aligarh Muslim University, Uttar Pradesh on January 16, 2020.
Imam and Umar Khalid, scholars and activists of the Jawaharlal Nehru University, are part of the near dozen people on whom Delhi Police have lodged FIRs reporting involvement in a larger conspiracy in connection with the 2020 Delhi riots. According to Delhi Police, Imam and Khalid have been booked under charges for inflammatory speeches.
Riots started in the national capital February this year as protests against the Citizenship Amendment Act and those in its support took a violent turn. More than 50 people killed and over 700 injured is what it saw.
However, on May 29, the Delhi High Court granted statutory bail in a sedition case but kept Sharjeel behind bars as he was still accused of being part of a larger conspiracy.
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