The Delhi High Court on Thursday issued notice to the Delhi Police on a petition filed by former JNU scholar Sharjeel Imam, accused of inciting violence in Jamia Nagar area during the protests against the Citizenship Amendment Act (CAA) in December 2019.
The order was passed by the single-judge Bench of Justice Sanjeev Narula.
On March 7, a trial court framed charges against Imam, Asif Iqbal Tanha and nine others in a case related to the Jamia violence during the anti-CAA protests in 2019.
Additional Sessions Judge Vishal Singh of Saket Courts observed that Sharjeel was not only an instigator but also the kingpin of the larger conspiracy leading to violence in the area.
As per the court, being a senior PhD student, Imam craftily clothed his speech in which he avoided the mention of communities other than Muslim community but the intended victims of chakka jaam were members of communities other than Muslim community.
The judge pointed out that Imam’s 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.
Terming the speech delivered by Sharjeel as venomous, the Court said it was indeed a hate speech, since it pitted one religion against another.
The accused who openly invoked feeling of anger and hatred in the minds of Muslim community and instigated them to cause mass scale disruption in public life in multiple cities of Northern India through chakka jaam (complete stoppage of public movement), could not be heard arguing that the rioting committed by mob on public roads was not intended consequence of his speech, it added.
Noting that there was nothing peaceful about a chakka jaam, the judge said it resulted in violation of fundamental right to life and health of public.
Even if the mob does not indulge in violence and arsony while enforcing the chakka jaam, it would still be a violent act by one section of society against the other, he added.
The Court also framed charges against Ashu Khan, Chandan Kumar, Anal Hussain, Anwar, Yunus, Jumman, Rana, Mohd Harun and Mohd Furkan.
The ASJ, however, discharged Mohd Adil, Roohul Ameen, Mohd Jamal, Mohd Umar, Mohd Shahil, Muddussir Faheem Hasmee, Mohd Imran Ahmad, Saqib Khan, Tanjil Ahmad Chaudhary, Mohd Imran, Muneeb Mian, Saif Siddique, Shahnawaz and Mohd Yusuf.
Police had registered FIR 242 in 2019 at NFC police station on the grounds that around 41 vehicles, including government vehicles and private vehicles, were damaged by unlawful assembly and stones were pelted at police officials, during the anti-CAA protests.
Sharjeel challenged the trial court order before the High Court.
Advocate Talib Mustafa appeared for Imam before the High Court.
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