LAWS(DLH)-2020-7-24

SHARJEEL IMAM Vs. STATE OF NCT OF DELHI

Decided On July 10, 2020
Sharjeel Imam Appellant
V/S
STATE OF NCT OF DELHI Respondents

JUDGEMENT

(1.) The challenge in this petition is to the order dated April 25, 2020 passed by the Roster Judge, Patiala House Courts, New Delhi, whereby the Court on an application / report submitted by the learned Addl. Public Prosecutor ('APP' for short) extended the period of investigation for further 90 days totalling to 180 days. The challenge is also to the order passed on the Bail application No. 1051/2020, under Section 167 (2) of Cr.P.C., which was dismissed on the ground that the period of investigation has been extended.

(2.) The facts in brief are that an FIR bearing no. 22/2020 is registered against the petitioner on January 25, 2020 at PS-Crime Branch, New Delhi under Section 124A/153A/505 of the Indian Penal Code ('IPC', for short) with regard to speeches made in the area of Jamia on December 13, 2019. The said speech was shared on social media. Another speech was uploaded on twitter handle and on different websites in which he is seen addressing gathering in Aligarh Muslim University. According to the State, the petitioner is accused of offence relating to sedition, promoting enmity between groups on the ground of religion and indulging in unlawful activities to cause disaffection towards India. It appears FIRs have also been registered at places like Assam, Imphal and Itanagar. The petitioner was arrested from Jehanabad, Bihar on January 28, 2020. On a transit remand he was brought to Delhi. On January 29, 2020, he was produced before the Chief Metropolitan Magistrate, Patiala House Courts, New Delhi and was remanded to police custody for five days till February 3, 2020. On February 3, 2020, the police custody was extended for three more days till February 6, 2020. He spent six more days in police custody till February 12, 2020. The police custody was further extended till February 26, 2020.

(3.) It is noted that the petitioner was taken to Assam pursuant to a production warrant of the relevant Jurisdictional Magistrate in Assam which was issued for investigation in an FIR registered on the same day as the FIR in Delhi. The petitioner is currently lodged in Assam Central Jail.