Society Will Die If Criticism Dies: Sharjeel Imam Seeks Bail

Background

• Sharjeel Imam is an alumnus of IIT Mumbai and had joined JNU for pursuing his PhD.
• He is an activist and was protesting against the CAA and NRC implementation.
• He was allegedly delivering instigating speeches against the government.
• He was charged under Section 124A, 153A 505 of the Indian Penal Code and Section 13 of the UAPA.

Referrence

• In Kedar Nath Singh v. State of Bihar, the Court had held that any form of criticism or comment on measures of the government would be reasonable and fall under the fundamental right to freedom of speech and expression.
• Strong words used for improvement or alteration of the government measures would not come within the purview of sedition.
• In Gurjatinder Pal Singh v. State of Punjab, the High Court had held that slogans for getting a different stat from Punjab would not be seditious.

Submissions of Defence

• The speech did not contain anything calling for any kind of violence.
• The speech was made as part of an intellectual debate where he put his viewpoint.
• He cannot be charged for having a different viewpoint than that of the government.
• The speech has to be considered in its entirety.
• Protest against any legislation in a democracy cannot be called seditious.
• The place of delivery of speech is also an important aspect.
• He is a student and not a member of any banned organization.
• The delay in concluding trials is prevalent and if the accused is not granted bail and later he is acquitted, all the years of his life cannot be restored.

Do you think that he is guilty under sedition? Should the alleged offenders be granted bail? Tell us in the comments section below!