[Delhi Riots] No conspiracy as Sharjeel Imam was arrested before violence took place: Defence to Delhi Court

Sharjeel Imam, facing charges under the Unlawful Activities (Prevention) Act, argued through his counsel on Thursday that the allegation of conspiracy against him would not stand given that he was arrested before the Delhi Riots of February 2020 [Sharjeel Imam v. State]..Advocate Tanveer Ahmed Mir made the submissions before Additional Sessions Judge Amitabh Rawat, rebutting the arguments of the prosecution over Imam’s bail.“No consequence cannot be attached to Imam after his arrest,” he remarked..The two timelines Mir was referring to were Imam’s arrest on January 28, 2020, and the occurrence of riots on February 24 and 25, 2020.According to the lawyer, the act of conspiracy as alleged by the prosecution did not arise as his arrest had happened prior to the violence that took place..“Arrest is prior, riots are later. I reiterate, arrest if prior, riots are later,” insisted Mir.He asked if a conspiracy could continue if a person had been arrested and if Imam could be indicted for something that occurred post arrest.“We can't have a situation where conspiracies become endless, suits a government case. Law of conspiracies by State has to be within boundaries, can't be endless,” he added..Arguing further, he said,“What act of mine post my arrest is being called into play for larger conspiracy, to cause murder of who?...even at this stage of bail, if this kind of conspiracy is sustained, we will be turning law of conspiracy on its head.”Imam’s counsel also highlighted that his client's calls for chakka jam (blockading roads) during his speeches at various places were being labelled as calls for violence.“Where does he say ki danga karke hee jaana hai (violence has to be resorted to). Aur zillat hai ki aap danga nahi karoge (it’s a shame that you want resort to violence). Where are these words? Where does chakka jam become a criminal conspiracy for a riot?” Mir questioned..“Farmers came from all over India. They gheraoed Delhi. Meerut highway was shut. So jo kisaan aaya usko bhi conspirator bana lete hain (then the farmers also should be arrayed as conspirators),” he added..Mir explained that there were two aspects to conspiracy. “If conspiracy can be in perpetuity? There is always a start time of conspiracy and end time. My learned friend says, 'no no this is an open conspiracy'," said Mir referring to the arguments of Special Public Prosecutor Amit Prasad.However, Prasad retorted,“Arrest of Sharjeel Imam is not for conspiracy but for seditious speech prior to his arrest. So to say arrest is for conspiracy is a misdirected argument.”.The prosecutor submitted if a conspiracy was detected and investigative agencies were able to prevent riots from happening, even then it would be conspiracy.“Therefore, what is being argued is not in line with factual positioning of this case,” said Prasad..Earlier during the hearing, Prasad drew the case’s parallel with cricket.“When a cricket team plays every player has to play - batsmen, bowlers and openers. If one wicket falls it doesn't mean intent to win is lost. Suppose Imam is removed from team, doesn't mean conspiracy is abandoned,” he illustrated..[Real all updates from hearing]

[Delhi Riots] No conspiracy as Sharjeel Imam was arrested before violence took place: Defence to Delhi Court

Aamir Khan

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