New Delhi [India], October 13 : Former JNU student leader Sharjeel Imam, an accused in the 2020 North-East Delhi riots case under the Unlawful Activities (Prevention) Act (UAPA), has moved a Delhi court seeking interim bail for 14 days to file his nomination and campaign for the Bihar Assembly Elections.
The application, filed under Section 439 of the Code of Criminal Procedure, 1973, read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeks interim release from October 15 to October 29. Imam has been in custody since August 25, 2020, and has requested bail to contest as an independent candidate from the Bahadurganj constituency in Bihar.
In the plea, Imam describes himself as a "political prisoner and student activist" and submits that he intends to participate in the Bihar Assembly elections, scheduled to be held in two phases between October 10 and November 16. The polling for Bahadurganj constituency is slated for November 11.
The application states that Imam has remained in continuous judicial custody for over five years and has never been released on bail, even temporarily. It adds that he has no criminal antecedents and does not pose a threat to society. Imam, who was pursuing a PhD at Jawaharlal Nehru University (JNU) at the time of his arrest, is a resident of Kako, Jehanabad (Bihar).
The plea states that Imam needs temporary release to personally file his nomination papers and make arrangements for his campaign, as his younger brother--who is caring for their ailing mother--is the only family member available to assist him.
Citing precedents, the application refers to Supreme Court orders granting interim bail to political leaders such as Delhi Chief Minister Arvind Kejriwal to campaign for elections, and decisions of the Punjab and Haryana High Court and Bombay High Court allowing similar relief to other candidates.
The plea contends that denying such bail would amount to depriving Imam of his democratic right to contest elections. It prays for interim bail for two weeks, asserting that the request is "bona fide and in the interest of justice." The application is likely to be listed before a Karkardooma court on Tuesday.
The violence in northeast Delhi in 2020 had erupted during the protests against the Citizenship Amendment Act (CAA) and had left 53 people dead and over 700 injured.
There are 18 accused persons in the case, including Sharjeel Imam, Umar Khalid, Tahir Hussain, Devangana Kalita, Natasha Narwal, Gulfisha Fatima, Asif Iqbal Tanha, Safoora Jargar, Abdul Khalid Saifi, Meeran Haider, Athar Khan, Shifa Ur Rehman and others.