NEW DELHI: Sharjeel Imam has moved the Delhi High Court contesting the charges framed against him in connection with the alleged violence that erupted in Jamia Nagar during the 2019 protests against the Citizenship Amendment Act (CAA).
Hearing the petition on Thursday, Justice Sanjeev Narula sought a response from the Delhi Police while issuing notice on the plea. Imam, represented by advocates Talib Mustafa and Ahmad Ibrahim, has also sought an interim stay on the trial court’s order.
However, the High Court refrained from granting any immediate relief, stating that it would await the prosecution’s response before taking a decision. The matter is now scheduled for further hearing on April 24, coinciding with Imam’s pending plea regarding the same speech in question.
Earlier this month, a trial court had framed charges against Imam, Asif Iqbal Tanha, and nine others, asserting that Imam played a pivotal role in orchestrating the unrest. The court labeled him as both an instigator and the mastermind behind a broader conspiracy to incite violence. The trial court also said that Imam speech was calculated to evoke anger and hatred, the natural consequence of which was commission of wide-spread violence by members of unlawful assembly on public roads.
“His (Imam) speech was venomous and pitted one religion against another. It was, indeed, a hate speech. He committed abetment by instigating violent mob activity through his communal speech,” the order read. The Court said that Imam’s speeches were delivered with “precision and intent” to stir unrest, leading to an inevitable eruption of violence.
According to the prosecution, Imam actively mobilised people, distributed inflammatory pamphlets, and used social media to rally support for disruptive protests. His speeches at Aligarh Muslim University on December 11, 2019, and at Jamia Millia Islamia on December 13, 2019, were cited as deliberate attempts to provoke mass unrest.
Based on the prosecution’s evidence, the court framed charges against Imam under Sections 109 IPC (abetment of an offence) 120B IPC (criminal conspiracy) 153A IPC (promoting enmity between groups) 143, 147, 148, 149 IPC (unlawful assembly, rioting, armed rioting) Sections 186, 353, 332, 333 IPC (obstructing public servants, assaulting police officers) 308, 427, 435, 323, 341 IPC (attempt to commit culpable homicide, mischief, arson) and Sections 3/4 of the Prevention of Damage to Public Property Activities.
However, sedition charges under Section 124A IPC were kept on hold, in compliance with the SC’s directive to pause all ongoing sedition cases until the constitutionality of the law is reviewed.
