Delhi Court Denies Bail To Sharjeel Imam In Delhi Riots Case
Delhi Court Denies Bail to Sharjeel Imam in Delhi Riots Case:
Background
Sharjeel Imam, a student activist and former JNU scholar, was arrested in connection with the 2020 Delhi riots. He was accused of making inflammatory speeches that allegedly incited violence during the protests against the Citizenship Amendment Act (CAA).
He sought bail, but the Delhi Court rejected his application. The court's decision was based on multiple legal grounds, emphasizing the severity of the allegations and the risk factors associated with the accused.
Legal Principles Governing Bail
1. Bail is the Rule, Jail is the Exception
Under Indian law, bail is the rule and jail is the exception (see Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC 1632).
However, bail is not automatic and depends on various factors such as the nature and gravity of the offence, evidence, and likelihood of the accused fleeing or tampering with evidence.
2. Sections Invoked and Bail Eligibility
Sharjeel Imam faced charges under the Unlawful Activities (Prevention) Act (UAPA) and other sections like sedition (Section 124A IPC).
The UAPA is a stringent anti-terrorism law, where bail provisions are much stricter.
Under Section 43D(5) of UAPA, bail can be denied if the court believes the accusation is prima facie true.
Court’s Reasons for Bail Denial
1. Prima Facie Case Against the Accused
The court noted that the accusations of inciting violence and disturbing public order were serious and grave.
There was sufficient prima facie evidence to show that the speeches made by Sharjeel Imam were inflammatory.
2. Risk of Tampering with Evidence or Influencing Witnesses
The court was concerned about the possibility of the accused influencing witnesses or tampering with evidence if released on bail.
3. Gravity of Offence and Public Interest
The alleged offences impacted public peace and communal harmony.
The court emphasized the need to balance individual liberty with public safety.
4. UAPA Bail Conditions
Under UAPA, the onus is on the accused to prove innocence to get bail.
The stringent conditions meant the court had to be convinced beyond doubt before granting bail.
Relevant Case Laws
1. State of Rajasthan v. Balchand @ Baliay (1977) 4 SCC 308
The Supreme Court held that bail is a rule, jail is an exception but the court must consider facts and circumstances of each case.
2. Gurbaksh Singh Sibbia v. State of Punjab AIR 1980 SC 1632
Laid down guidelines for bail, especially emphasizing when bail can be refused based on prima facie evidence and seriousness of offence.
3. NIA v. Zahoor Ahmad Shah Watali (2019) 3 SCC 1
Clarified the stringent bail provisions under the UAPA, where the accused must demonstrate innocence.
4. Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473
Emphasized the court’s power to examine the evidentiary value of material on record at the bail stage in cases involving serious offences.
5. Sanjay Chandra v. CBI (2012) 1 SCC 40
The Supreme Court held that prima facie materials can be examined at the bail stage to decide if bail should be granted.
Summary of Legal Position
| Aspect | Explanation |
|---|---|
| Nature of Offence | Serious charges under UAPA and sedition, involving public order and communal harmony issues. |
| Bail under UAPA | Bail is difficult to obtain; accused must prove no prima facie case exists against them. |
| Court’s Discretion | Examines prima facie evidence to decide bail application; mere allegations are not enough. |
| Risk Assessment | Risk of tampering with evidence, fleeing, or repeating offence considered. |
| Public Interest | Courts weigh individual liberty against public safety and societal peace. |
Conclusion
The Delhi Court’s denial of bail to Sharjeel Imam was grounded in:
The seriousness of the offences (under UAPA and sedition).
The presence of prima facie evidence indicating his role in inciting violence.
The stringent bail regime under UAPA that favors public safety and national security.
The need to prevent interference with the investigation or repetition of alleged offences.
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