'Sharjeel's speech didn't incite violence, no call to bear arms'

New Delhi: The Allahabad High Court has now granted bail to JNU student and prominent anti-CAA activist Sharjeel Imam in a sedition case for a speech he made at the Aligarh Muslim University last year —citing that his speech neither called for anyone to bear arms and nor did it incite any violence after being made.

The bail was granted in the Aligarh case but Sharjeel, who has been in jail for speeches during the anti-CAA movement, will remain there, given bail pending in other cases related to the Delhi riots of February 2020.

"It may be noted that on an undisputed basis neither the applicant called any one to bear arms nor any violence was incited as a result of the speech delivered by the applicant," Justice Saumitra Dayal Singh said in his order.

He further held, "In as much as the applicant has remained confined for more than one year and two months against a maximum punishment that he may suffer on conviction being three years, for that reason alone the applicant has become entitled to bail, at this stage, in the undisputed facts of this case."

Sharjeel lawyers had argued before the court that the speech in question did not call for incitement to violence and neither did it call for anyone to bear arms. They added that the speech was made on January 16, 2020, but the FIR was registered nine days later as an "afterthought". Moreover, they argued that the fact that in the nine days no violence was incited due to the speech was proof enough that the speech was not violative of the law.

However, while granting bail, Justice Singh said, "The exact imputations made and the effect prompted by the applicant by words uttered or gestures made etc. may remain to be examined at the trial which is yet to commence."

As for the contentions of Sharjeel's lawyers that the case was registered after a delay of nine days as an "afterthought", the court said this was a matter that the trial court would examine and that it had no bearing on the grounds for granting bail. It said that Sharjeel's pre-trial detention for this long was ground enough for bail.

The high court granted bail to Sharjeel on a personal bond of Rs 50,000 with two sureties of the like amount. The court imposed several conditions on Sharjeel. It has directed him not to tamper with evidence by intimidating or pressuring witnesses and that he shall cooperate in the investigation and trial sincerely.

It also directed Sharjeel to not indulge in any criminal activity after being released on bail. The high court added that any violation of these conditions would lead to bail being cancelled.