Sharjeel Imam interim bail: Delhi court notes media ban breach but refuses cancellation

Interim bail violation

A Delhi court has ruled that student leader Sharjeel Imam flouted his interim bail conditions by being in the presence of media personnel, but declined to revoke his temporary release because it was expiring on the same day.

Additional Sessions Judge Sameer Bajpai of Karkardooma courts noted on Saturday that Imam appeared to have breached the restrictions imposed on him. However, the court decided against formally cancelling his interim bail, as he was already required to surrender back to jail by the evening.

Imam had been granted seven days of interim bail on 22 September, covering the period from 4 October to 10 October, to attend his cousin's wedding functions. The court had attached strict conditions to his release, specifically barring him from using social media or coming into contact with journalists.

Media interview videos presented

The Delhi Police approached the court seeking the immediate cancellation of Imam's interim bail, claiming he had wilfully and deliberately violated the restrictions. Special Public Prosecutor Madhukar Pandey presented videos posted on X and YouTube, including footage from ANI News and News 24.

The prosecution argued that Imam was present in his living room while his brother gave an interview to ANI, and that he was seen on camera talking to people in the room. Pandey argued that such recordings could not have taken place without Imam's knowledge and consent, amounting to a gross violation of his bail terms.

Defending Imam, advocate Talib Mustafa argued that his client had not given any interviews himself or interacted with reporters. He told the court that the interview was given exclusively by Imam's brother, who was not subject to any bail conditions, and argued that the video in question was a compilation of separate clips.

Court findings and surrender

After reviewing the video footage, Judge Bajpai rejected the defence's arguments. The court noted that the clips carried ANI identification and showed Imam sitting in the same room where his brother was being interviewed at approximately the same time.

The judge observed that the circumstances clearly showed a media representative was present in the room alongside Imam, concluding that he had flouted term two of his interim bail order. Nevertheless, because Imam was scheduled to surrender on Saturday evening at the end of his seven-day period, the judge held that cancelling the bail at that stage would be unnecessary.

Imam has been incarcerated since January 2020 following his arrest in connection with speeches made during protests against the Citizenship Amendment Act and National Register of Citizens. While he has secured bail in several related cases, he remains in custody under the Unlawful Activities (Prevention) Act in the main conspiracy case related to the February 2020 Delhi riots.