A Delhi Court on Monday sought response from Delhi Police over the bail application of activist Sharjeel Imam, arrested under Section 124A of the Indian Penal Code (IPC).
A case was registered against Sharjeel for allegedly delivering hate speeches against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).
Earlier, the Delhi High Court had asked Sharjeel to approach the lower court for bail, after hearing the objections of prosecution based on maintainability.
The Prosecution had submitted before the High Court that following the Supreme Court order of 2014, any bail application would first go to the trial court and only if the relief was not granted, the accused was allowed to move the High Court, as the case was triable by a Special Court only.
The Counsel for Sharjeel submitted that in view of the recent direction by the Supreme Court, Sharjeel should be granted bail.
The Apex Court had directed to keep all pending appeals and proceedings with respect to the charges framed under Section 124A of IPC in abeyance, he noted.
The Counsel submitted that the bail plea of Sharjeel was dismissed by the trial court because the Court said that a prima facie offence under Section 124A was made out against him.
In view of the direction of the Supreme Court, the hindrance raised by the Special Court in the impugned order stands obviated, and observations surrounding the offence under Section 124A IPC cannot be taken into consideration in the proceedings against the appellant pending the final outcome of the Constitutional challenges to the Section, bail may be granted now, the Counsel further contended.
After hearing the arguments, the Additional Sessions Judge issued notice to Delhi Police and fixed June 6 for the next hearing.
The matter came before the Additional sessions Judge, as Special Judge Amitabh was on leave.