Wednesday, February 1, 2023

HC Notice To Delhi Police On Sharjeel Imam’s Plea Against Extra Time To Complete Probe

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The Delhi High Court on Wednesday issued Notice to Delhi Police on a petition filed by Sharjeel Imam challenging the trial court’s order granting more time to police to file chargesheet against him under the Unlawful Activities Prevention Act (UAPA).

Single Judge bench of Justice V. Kameswar Rao while conducting hearing through video conferencing heard the arguments and served the notice to Additional Public Prosecutor Mr. Amit Gupta on behalf of Delhi Government and Standing Council Central Government Mr. Amit Mahajan.

The court passed its order on the plea filed by Sharjeel Imama arguing that The invocation of UAPA on the 88th day of the Petitioner’s custody, is evidently with the sole intention to curtail the Petitioner’s liberty and deprive him of right to the statutory bail after custody of 90 days, under Section 167(2) CrPC.”

Sharjeel has sought directions to set aside the order passed by Sh. Gurvinder Pal Singh extending the period of investigation permissible under Section 167 of the Code of Criminal Procedure, 1973 (“CrPC”) to 180 days.

Earlier, an FIR has been registered against Sharjeel Imam under Section 153A, 124A, and 505 of the Indian Penal Code for an alleged speech during the Anti-CAA NRC protest at Shaheen Bagh, Delhi.

In the petition, he has also sought directions allowing him to be released on bail under section 167 (2) of the CrPC, till the trial is pending before the Court.

The Court has also directed the respondent to file Reply, if any, within 2 weeks and petitioner to file rejoinder within 1 week thereafter. The matter is listed for 10th June 2020.

-India Legal Bureau

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