HC grants time to police to file additional status report on Sharjeel Imam's plea

The Delhi High Court Wednesday granted Delhi Police time to file an additional status report on a plea by former JNU student Sharjeel Imam, arrested in a case related to alleged inflammatory speeches during the protests against CAA and NRC, challenging a trial court order granting more time to police to conclude the investigation.

Justice V Kameswar Rao, who conducted the hearing through video conferencing, listed the matter for further hearing on June 25.

At the outset, Additional Solicitor General Aman Lekhi, representing Delhi Police, submitted that he needs 10 days time to file additional status report in the matter.

The police had filed an affidavit in the high court on June 5 opposing Imam's plea challenging a trial court order granting more time to police to conclude the investigation.

The affidavit said he was continuously giving inflammatory and instigating speeches against the government on the issue of Citizenship Amendment Act and National Register of Citizens.

The police said no provision of law has been violated and there are good and substantial cause for enlargement of time for investigation and contended that Imam was not entitled for any relief.

The affidavit was filed by the police in response to Imam's plea challenging the trial court's April 25 order by which the Delhi Police was granted three more months, beyond statutory 90 days, to complete the investigation in the case under the stringent Unlawful Activities (Prevention) Act.

Imam was arrested on January 28 from Bihar's Jehanabad district in the case related to violent protests against the CAA near the Jamia Millia Islamia University in December last year.

The statutory period of 90 days from the arrest was concluded on April 27.

He has also sought default bail in the matter on the ground that the investigation was not concluded within the statutory period of 90 days and when the police had filed an application for more time to complete the investigation, he was not given a notice as required under the law. The trial court had dismissed the bail plea.

Police has said Imam by way of his speeches was addressing a particular religious section of the society and creating disaffection towards the government by creating unfounded fears in their minds regarding the CAA and the NRC, which is yet to be implemented in any manner throughout the country barring Assam.

Imam has claimed in the plea that no notice was given to his lawyer informing them about the application of the special cell seeking the extension of the time to file the charge sheet in view of invoking UAPA charges against him.

However, the police said despite the lockdown, the counsel of the accused was timely informed of the application being filed under section 43 of the UAPA through WhatsApp and a call, keeping in view the rights of the accused.

Section 43-D (2) of UAPA provides that if it is not possible to complete the investigation within the 90 days period, then upon the report of the public prosecutor indicating the progress of the probe and the specific reasons for the detention of the accused beyond the 90 days period, after satisfaction, the court can extend the period of the probe to 180 days.

Imam is currently lodged in Guwahati jail in a case related to UAPA registered by the Assam police.

The trial court had passed the order on April 25 after the police had submitted that due to global COVID-19 pandemic in the country and the ongoing lockdown, the pace of investigation was seriously disrupted.

Initially, a case under section 124 A (sedition) and 153 A IPC (promoting enmity between classes) and 505 (statements conducing to public mischief) of the Indian Penal Code was registered by the Crime Branch here, pursuant to the alleged speeches addressed by Imam, allegedly instigating a particular religious section of the society to disrupt/block the access to North East region of India from rest of India, police had claimed.

The police had earlier charged Imam with sedition, alleging his speech promoted enmity between people that led to riots.

Imam was allegedly involved in organising protests at Shaheen Bagh but came into limelight after a video showed him making controversial comments before a gathering at Aligarh Muslim University, following which he was booked under sedition charges.

Another case was filed against Imam in Assam under the stringent anti-terror law for his remark that Assam could be "severed from India, even if for a few months" as a result of the Citizenship (Amendment) Act.

Police in Manipur and Arunachal Pradesh had also lodged FIRs against the JNU scholar over his speech in which he threatened to "cut off" Assam and the rest of the northeast from the country.