On Tuesday, March 28, the Delhi High Court partially overturned the trial court’s February order to discharge 9 of the 11 accused, including Sharjeel Imam and Safoor Zargar, in a case related to the violence that took place at Jamia Millia Islamia in December 2019.
Notably, the Delhi Police had moved to the High Court against the discharge granted to Sharjeel Imam and other accused in the Jamia Violence case by the Delhi trial court in February, calling the findings flawed and harmful to further inquiry.
Jamia violence discharge case | Delhi HC partially overturned trial court order and charged 9 out of 11 accused including Safoora Zargar, Sharjeel Imam under sections related to rioting, unlawful assembly, obstructing public servants and other sections. pic.twitter.com/kkkhtvYAsn
— ANI (@ANI) March 28, 2023
Partially reversing the trial court order, the bench of Justice Swarana Kanta Sharma charged accused Mohd Qasim, Mahmood Anwar, Shazar Raza, Umair Ahmed, Mohd Bilal Nadeem, Sharjeel Imam, Safoora Zargar, and Chanda Yadav under different sections related to rioting and unlawful assembly.
While pronouncing the verdict, the judge said the right to peaceful assembly is subject to reasonable restrictions and that acts of violence or ‘violent speeches’ are not protected.
“Prima facie, as seen in the video, the respondents were in the first line of the mob. They were raising slogans of Delhi police murdabad and were violently pushing the barricades,” said the court, while referring to some of the accused.
Delhi HC issues notice to Sharjeel Imam and others in Jamia violence case
Notably, on February 14, the Delhi High court issued a notice in response to the Delhi Police’s appeal against the discharge of Sharjeel Imam, Asif Iqbal Tanha, Safoora Zargar, and eight other accused in the 2019 Jamia violence case. Several respondents received notices from Justice Swarana Kanta Sharma after they arrived in court on prior notice in some cases.
According to the reports, the High court summoned the trial court record (TCR) in digitized form. It refused the observations made by the trial court and stated that the observations would not have an impact on any further police investigations or the trial of any accused in the matter.
Delhi Trial Court discharges Sharjeel Imam and others
The Delhi HC’s decision came after the trial court on February 4, released the defendants including Sharjeel Imam. He was cleared of all charges that were invoked against him in the sedition case related to a speech he delivered in 2019 which provoked violence in Jamia Nagar in Delhi during protests against the Citizenship Amendment Act (CAA).
Delhi Police had then moved to the HC against the discharge granted to Sharjeel Imam and other accused. The Police stated in their petition that the Impugned Order is non-est, invalid, and against established legal precedent. “The trial court, while not considering and weighing the evidence on record, proceeded to discharge the respondents at the stage of framing of charges,” the petition stated.
It is pertinent to note here that though Sharjeel Imam had gotten released in the sedition case related to the 2019 violence in Jamia Nagar in Delhi, the former JNU student continues to be in jail under the stringent UAPA in the conspiracy case related to the February 2020 Delhi anti-Hindu riots.
Sharjeel Imam is also facing other cases for the speeches he gave during the anti-CAA protests, including instigating Islamists to cut off North Eastern region from the rest of the country by blocking the ‘chicken’s neck’ in North Bengal.
