The Delhi High Court, Monday, asked 2019 Jamia Nagar violence accused Sharjeel Imam, Asif Iqbal Tanha and others on their stand over the police challenge to a trial court order discharging them in the case.
A notice issued by Justice Swarana Kanta Sharma to Sharjeel Imam and others on the petition filed by Delhi Police against their discharging. The notice clarified that the of the lower court would not affect further investigation in the matter or trial.
On February 4, a trial ordered the discharging of Sharjeel Imam, Asif Iqbal Tanha among 11 people. In its judgement, the court ruled that the accused were made scapegoats by the police while observing that dissent must not be stifled but encouraged.
However, it ordered that charges be framed against one of the accused Mohammad Ilyas.
Violent protests erupted as locals clashed with the police during the demonstrations against Citizenship (Amendment) Act (CAA) in Delhi’s Jamia Nagar area in December 2019.
The police registered a case and lodged an FIR in which Sharjeel Imam was accused of instigating the riots by delivering a provocative speech at the Jamia Milia University on December 13, 2019.
Imam, who is also an accused in the 2020 northeast Delhi riots, will continue to stay behind bars.
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Delivering its judgement, the trial court, while admitting that there may have been some anti-social elements within the mass of people who staged protests against the CAA, however, it observed that the question is whether the accused persons were even prima facie complicit in taking part in that mayhem?”, adding that the answer is an “unequivocal no.”
The Jamia Nagar police station had filed a charge sheet against Imam, Asif Iqbal Tanha, Safoora Zargar, Mohammad Qasim, Mahmood Anwar, Shahzar Raza Khan, Mohammad Abuzar, Mohammad Shoaib, Umair Ahmad, Bilal Nadeem, Chanda Yadav and Mohammad Ilyas.
Following sections of the Indian Penal Code (IPC) were invoked against the accused in the chargesheet, section 148 (rioting, armed with a deadly weapon), 186 (obstructing public servant in discharge of public functions), 353 (assault or criminal force to deter public servant from discharge of his duty), 308 (attempt to commit culpable homicide), 435 (mischief by fire or explosive substance with intent to cause damage), 323 (voluntarily causing hurt), 341 (wrongful restraint) and 120B (criminal conspiracy).
The Delhi Police moved the top court challenging the trial court’s order and described it a as a slap in the face of settled principles of law, and suffering from grave infirmities which go to the root of the matter and is perverse in the eyes of the law.
In their plea, the police argued that the trial court has not only discharged the accused persons but was also swayed by “emotional” and “sentimental feelings” and has cast aspersions on the prosecuting agency and passed “gravely prejudicial” and “adverse” remarks against the prosecuting agency and the investigation.
The matter would be heard next on March 16.
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