NEW DELHI: Quoting Mahatma Gandhi, a Delhi Court pointed out dissent needs to be given space while discharging Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha, and eight others in a violence case at Jamia Millia Islamia in December 2019.
In the order, Additional Sessions Judge Arul Varma referred Gandhi's quote: "Conscience is the source of dissent."
Investigative agencies should be able to decide the difference between dissent and insurrection and said Imam and others were roped in as ''scapegoats" in the case, the judge said in the order.
"The desideratum is for the investigative agencies to discern the difference between dissent and insurrection. The latter has to be quelled indisputably. However, the former has to be given space, a forum, for dissent is perhaps reflective of something which pricks a citizen's conscience," the order said.
"The subtext is explicit i.e. dissent has to be encouraged not stifled. However, the caveat is that the dissent should be absolutely peaceful, and should not degenerate into violence," read the 32-page order.
It said further: "Marshalling the facts as brought forth from a perusal of the chargesheet and three supplementary chargesheets, this Court cannot but arrive at the conclusion that the police were unable to apprehend the actual perpetrators behind the commission of the offence, but surely managed to rope the persons herein as scapegoats."
The court also pointed out that the long trial of the persons accused in the case is not well for the justice system.
"To allow the persons charge-sheeted to undergo rigmarole of long drawn trial, does not augur well for the criminal justice system of our country. Furthermore, such police action is detrimental to the liberty of citizens who choose to exercise their fundamental right to peacefully assembly and protest."
"Liberty of protesting citizens should not have been lightly interfered with," the order stated.