Jawaharlal Nehru University scholar Sharjeel Imam on Tuesday withdrew his interim bail plea before a Delhi court, which he had filed to contest the upcoming Bihar Assembly elections as an independent candidate from Bahadurganj, citing technical and procedural issues.
The Bahadurganj seat is presently represented by Mohammad Anzar Nayeemi, who was elected on an AIMIM ticket in 2020 but later joined the Rashtriya Janata Dal (RJD).
Advocate Ahmad Ibrahim appeared for Imam and prayed for withdrawal of the application, citing some technical issues, reported Live Law.
He said that since the Imam's regular bail plea in the case is pending before the Supreme Court, a proper forum to seek the relief should be there.
Additional sessions judge Sameer Bajpai of Karkardooma Courts allowed Imam to withdraw the application.
Imam had sought his release on interim bail for 14 days from October 15 to October 29.
The relief was sought to file his nomination and campaign for the Bihar Legislative Assembly elections.
The application stated that Imam has been in continuous incarceration for more than 5 years and 2 months, has remained in continuous judicial custody and has not been enlarged on bail, even temporarily, reported Live Law.
“That since the Applicant is a political prisoner and a student activist, he is willing to contest elections from his home state Bihar which is scheduled to take place in 2 phases from 10.10.2025 to 16.11.2025,” the plea stated.
It added: “the Applicant is contesting as an independent candidate and is not associated with any political party. There is no one to take care of and make arrangements for his nomination and campaign for the elections, except his younger brother, who is also currently looking after his ailing mother and providing for his family.”
Imam, booked under the Unlawful Activities (Prevention) Act (UAPA) by the Delhi police and lodged in Tihar jail for over five years. He was arrested in January 2020 in connection with speeches made in Delhi, Aligarh, Asansol and Chakband during protests against the Citizenship Amendment Act and the proposed National Register of Citizens.
Imam was denied regular bail in the case by the Delhi High Court on September 2.
Imam along with four other UAPA accused have filed a special leave petition (SLP) before the apex court challenging the Delhi high court's September 2, order denying bail to them.
The high court had held “violence in the name of protest is not free speech” as it dismissed the bail pleas of Umar Khalid, Sharjeel Imam, and seven others.
It had held that the role of Sharjeel Imam and Umar Khalid is prima facie grave in the entire conspiracy, noting that they had delivered inflammatory speeches on communal lines to instigate a mass mobilisation of members of the Muslim community.
The accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Devangana Kalita, Faizan Khan and Natasha Narwal.