Sharjeel Imam seeks interim bail to contest Bihar elections, hearing likely today

Activist Sharjeel Imam, currently in judicial custody in connection with the 2020 Northeast Delhi riots conspiracy case, has filed an application in the Karkardooma District Court seeking interim bail to contest the upcoming Bihar Assembly elections. The hearing on his plea is expected to take place on Tuesday.

According to court filings, Imam has requested a 14-day interim bail to allow him to file his nomination papers for the Bahadurganj constituency in Kishanganj district, a Muslim-majority area bordering Bangladesh. Imam intends to run as an independent candidate and is not affiliated with any political party.

The nomination process is currently underway for both phases of the Bihar elections, and Imam's legal team argues that his constitutional right to contest elections warrants temporary release.

Sharjeel Imam has been in custody since 2020 and faces multiple serious charges, including sedition, promoting communal enmity, and delivering speeches alleged to be prejudicial to national unity. He is also charged under Section 13 of the Unlawful Activities (Prevention) Act (UAPA), which carries a maximum sentence of seven years.

However, legal proceedings on the sedition charge were stayed pending a constitutional review of the law by the Supreme Court. The remaining charges are still under trial, with three of them carrying a maximum punishment of three years each.

Imam's earlier bail pleas have been rejected by the trial court, the Delhi High Court, and the Supreme Court. His latest application is filed under provisions of the Criminal Procedure Code (CrPC), specifically seeking temporary release for the purpose of electoral participation.

Legal experts say the court will have to weigh the seriousness of the charges against him with his right to democratic participation.

Imam, a former student of Jawaharlal Nehru University (JNU), rose to prominence during the anti-Citizenship Amendment Act (CAA) protests and has remained a controversial figure due to his speeches and activism.

Whether the court will allow him to temporarily step out of custody for electoral purposes remains to be seen. The outcome of Tuesday’s hearing could set a significant precedent for undertrial candidates seeking to contest elections.

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