In a recent ruling, a Delhi court opted to defer the decision regarding Sharjeel Imam’s access to PhD study materials to prison authorities. The court was asked to allow Imam, a PhD candidate at Jawaharlal Nehru University (JNU), access to research documents on a pen drive and to use prison computer facilities for his academic work. However, Additional Sessions Judge Sameer Bajpai of the Karkardooma courts declined to intervene, citing the court’s inability to verify the pen drive’s contents.
Judge Bajpai highlighted the court’s limitations in controlling the digital material that could be present on a pen drive. He emphasized that the discretion lies with the Superintendent of Prison, who can effectively monitor and regulate Imam’s access to such materials. “The court certainly has no problem with allowing the applicant access to books, but it cannot control the material on a pen drive. Therefore, only the Jail Authorities can monitor and manage the applicant’s material use,” the judge noted.
This decision follows the court’s earlier rejection of fresh bail applications from Imam and co-accused Umar Khalid, both implicated in the Delhi riots conspiracy case. These riots, which erupted in 2020, were closely linked to protests against the Citizenship (Amendment) Act, 2019 (CAA). Imam, among others, faces charges of orchestrating the violence and has been in custody since his arrest in January 2020. While he has obtained bail in other cases related to anti-CAA protests, he remains detained under the Unlawful Activities (Prevention) Act (UAPA) for the Delhi riots conspiracy.
In a significant development, the Supreme Court also refused to grant Imam bail earlier this year, acknowledging the prosecution’s evidence as establishing a prima facie case against him under the UAPA.
Imam’s legal team had filed an application to allow him to receive research material from his lawyers on a pen drive and to use jail computer facilities for his PhD in Modern History. They argued that the material is not prohibited by the Indian Government. In April, a similar request was directed by the court to the prison superintendent, who initially permitted Imam to receive the pen drive. However, due to a subsequent change in the prison’s administration, Imam’s access to these materials was halted. The new superintendent required a specific court order for Imam to access his research material and prison computers.
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The prison authorities opposed Imam’s plea, arguing that while books and printed documents are easily monitored, the digital contents of a pen drive present a challenge in regulation. The court acknowledged this difficulty and thus left the decision regarding Imam’s access to digital materials to the jail authorities.
