NEW DELHI: A Delhi court on Monday formally framed charges against activist Sharjeel Imam for his alleged role in orchestrating the violent riots in Jamia Nagar on December 15, 2019, during protests against the Citizenship Amendment Act (CAA).
In a scathing order, Additional Sessions Judge Vishal Singh at Saket Court held that Imam was not just a protester but the “kingpin” behind the widespread arson, rioting and violence. The court stated that Imam’s speeches were not merely provocative but “venomous”, designed to inflame communal tensions and mobilize the masses towards confrontation.
The court found that Imam’s speeches were delivered with “precision and intent” to stir unrest, leading to an inevitable eruption of violence.
“His speech was calculated to evoke anger and hatred, the natural consequence of which was commission of widespread violence by members of unlawful assembly on public roads. His speech was venomous and pitted one religion against another. It was, indeed, a hate speech,” the court noted.
It added that Imam deliberately exploited the sentiments of the Muslim community, urging them to block roads across multiple states, knowing well that such a move would cripple public life.
The judge outright rejected Imam’s argument that he merely advocated for peaceful protests. The court observed that in a densely populated city like Delhi, where ambulances and emergency services rely on smooth traffic movement, a mass-scale chakka jaam (road blockade) was nothing short of criminal negligence.
"Blocking roads en masse in a city where medical emergencies are routine can directly endanger lives. If any patient in distress were to succumb due to delayed medical care, such an act would amount to nothing less than culpable homicide," the court stated.
Apart from Imam, the court framed charges against Ashu Khan, Chandan Kumar and Aasif Iqbal Tanha, citing mobile location records and media interviews as key evidence of their role in leading the violent mobs.
Rejecting claims that the riots were spontaneous, the court underscored that the violence was orchestrated with precision, following a larger conspiracy.
"The assembling of a huge mob and the mass-scale rioting committed by it was not a random or spontaneous happening and could not have been committed except in pursuance of a larger conspiracy entered into between the self-proclaimed leaders and initiators of the mob activity," the court ruled.
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.
The court noted that Imam created fear within the Muslim community by falsely claiming that thousands of Muslims were being held in government detention camps, further inciting anger.
"He provoked his audience by saying that despite having significant Muslim population in different states of North India, why were they allowing the cities to function normally and why were they not causing chakka jam (complete stoppage of public movement). He evoked a feeling of fear in the minds of the Muslim community by falsely creating the impression that thousands of Muslims were living in detention camps of the government," the court said.
Imam’s legal team argued that he was not physically present at the riot site and that his speech did not directly incite violence. His counsel also invoked double jeopardy, claiming that similar charges had already been filed against him under FIR No. 22/2020 for sedition and promoting enmity.
However, the court dismissed this argument, ruling that his involvement in the Jamia violence was distinct and warranted fresh charges.
"An accused who openly invoked feelings of anger and hatred in the mind of the Muslim community and instigated them to cause mass-scale disruption in public life in multiple cities could not be heard arguing that the rioting committed by mob on public roads was not intended consequence of his speech," the judge stated.
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 Supreme Court’s directive to pause all ongoing sedition cases until the constitutionality of the law is reviewed.
While Imam and his co-accused will face trial, the court discharged 15 other individuals, ruling that mobile location data alone was insufficient to establish their role in the riots.
"A mobile phone’s location is a weak and unreliable indicator of an individual's physical presence at a crime scene. It cannot, on its own, establish criminal liability," the court clarified.
With charges now framed, Imam will now face trial for his alleged role as the chief instigator of the December 15, 2019, riots, marking a crucial development in the legal battle over the Jamia violence.
