Delhi HC rejects Sharjeel Imam's plea for default bail; police get 90 more days for probe

In a further setback for Sharjeel Imam, a single bench of the Delhi High Court of Justice V Kameswar Rao on Friday rejected his plea for default bail. He had moved the Delhi HC against the trial court order granting an extension of 3 months to the Delhi Police for completing the investigation against him under the UAPA. For offences under the UAPA, the investigation has to be completed within 90 days. 

As per Section 167(2) of the Code of Criminal Procedure, an accused has the right to access statutory bail after 90 days of custody. However, the Police filed an application under Section 43D of the UAPA in the trial court to extend the time for probe on the 88th day of his custody. Imam’s counsel Rebecca John argued that no formal notice was served regarding the extension of the probe time beyond 90 days under provisions of the UAPA. 

Read: Sharjeel Imam Charge-sheeted For 'seditious Speech' & Abetting Riots During CAA Protests

Read: Amid Search For Sharjeel Imam Over 'break India' Call, Bihar Police Detains His Brother

Sharjeel Imam's controversial remarks

Sharjeel Imam was a key organizer of the Shaheen Bagh protests. His controversial remarks came to light on January 25 when BJP spokesperson Sambit Patra shared a video that featured him. In the video purportedly from Aligarh in Uttar Pradesh, he is heard saying that 5 lakh people can come together and permanently cut the North-East from India. Moreover, he stressed that this was the only way in which the Indian government would pay heed to the concerns of the protesters. 

In the video, Imam said, "If we have 5 lakh organized people then we can permanently cut north-east from India or at least for one month. Put so much (unclear) on the road that they cannot even remove it for a month. It is our responsibility to isolate Assam from India, then only they will listen to us."  

Imam was arrested from Bihar's Jehanabad district on January 28 after the police accused him of being involved in the violence that took place in Jamia on December 15, 2019, during the protests against the Citizenship Amendment Act. Charges under Section 153A, 124A, and 505 of the Indian Penal Code were slapped against him. Subsequently, he was charged under the stringent UAPA. 

Read: Sharjeel Imam 'highly Radicalised, Wants Islamic State' Say Delhi Police Sources

Read: Amit Shah Reacts On Sharjeel Imam's Arrest; Calls Him 'more Dangerous Than Kanhaiya Kumar'