New Delhi, Jul 29, 2022, By Special Correspondent

New Delhi, Jul 29: The Delhi High Court on Friday issued notice to Delhi Police on JNU student Sharjeel Imam's appeal against a lower court order denying him interim bail in a sedition case for allegations that he had threatened to cut off Assam and the rest of the Northeast from India.

A Division Bench of Justices Mukta Gupta and Anish Dayal issued notices on Imam's plea against court's refusal to stay the trial in the case.

The bench directed the Delhi Police to file a status report in the matter within two weeks and listed the case for further hearing on August 25.

The present case pertains to Imam's speech at Jamia Milia Islamia in December 2019.

Additional Sessions Judge Amitabh Rawat had rejected Imam's bail plea on July 23 stating that it had been rejected previously on merits and even though the Supreme Court had kept Section 124A (sedition) in abeyance, the case can proceed based on other charges against Imam.

“The pending trials with respect to the charges framed under Section 124A IPC have been kept in abeyance, however, adjudication with respect to other Sections can proceed if the court is of the opinion that no prejudice would be caused to the accused,” the Court had said.

The Court, therefore, underlined that there was no embargo on the trial continuing in a case which has various other offences besides Section 124A IPC.

“Nor there is any express order for grant of interim bail pending the continuation of the said writ petition before the Supreme Court of India,” the judge observed.

The trial court had ordered framing of charges against Imam under Sections 124A (sedition), 153A (promoting enmity), l53B (Imputations prejudicial to national integration), 505 (Statements conducing to public mischief) of IPC and Section 13 (Punishment for Unlawful Activities) of Unlawful Activities Prevention Act.

In October 2021, a court had denied bail to Imam, stating that the speeches delivered by Imam at Jamia Milia University on December 13, 2019 and at the Aligarh Muslim University on December 16, 2019, were clearly on communal and divisive lines and could affect peace and harmony in the society.

He had subsequently filed an appeal before the Delhi High Court.

While it remained pending, the Supreme Court, on May 11, passed a landmark order directing that all pending appeals and proceedings across the country with respect to the charges framed for sedition, be kept in abeyance.

The top court had stayed till further orders on the registration of FIRs, probes, and the coercive measures for the offence of sedition across the country by the Centre and the states until an appropriate forum of the government re-examines the colonial-era penal law.

Imam then filed an application before the High Court seeking interim bail but the High Court directed him to approach the trial court. He then moved the bail plea before the trial court which was rejected on July 23.

The present appeal before the High Court is against that order.