Sharjeel Imam has moved the Delhi High Court against the recent trial court order framing charges against him for the December 2019 Jamia violence that took place during the protests against the Citizenship Amendment Act (CAA)..Justice Sanjeev Narula on Thursday issued notice to Delhi Police on Imam's plea and sought its response. .Earlier, the trial court on March 7 said that Imam was the mastermind behind the conspiracy that allegedly led to mass-scale rioting, arson and violence during the protests on December 15, 2019.The Court said that Imam’s “venomous” and incendiary speeches incited the riots and that he was not just an instigator but a “kingpin” who mobilized people to take to the streets.Apart from Imam, the court also framed charges against Ashu Khan, Chandan Kumar and Aasif Iqbal Tanha for allegedly leading the mob and inciting violence..According to the prosecution, Imam played a central role in fueling this unrest by disseminating inflammatory speeches and mobilizing crowds. He is alleged to have conducted public meetings, distributed provocative leaflets and use social media to influence Muslim students and activists in the days leading up to the riots..Imam had argued that he was not part of the unlawful assembly that engaged in violence on December 15 and that his speech did not amount to incitement to violence. His counsel also invoked the principle of double jeopardy and argued that since a separate case (FIR No. 22/2020) had already been registered against him under Sections 124A (sedition) and 153A (promoting enmity), fresh charges under Section 153A IPC in the present case unlawful.The Court rejected this argument, holding that his role in the Jamia violence was distinct and justified fresh charges. .Based on the evidence presented, the court ordered the framing of 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 ActHowever, the charge under Section 124A IPC (sedition) was kept in abeyance since the Supreme Court had ordered that all pending cases under the said provision should be halted till the Court decides on the validity of the provision..Sharjeel Imam was represented by advocate Talib Mustafa.
Sharjeel Imam has moved the Delhi High Court against the recent trial court order framing charges against him for the December 2019 Jamia violence that took place during the protests against the Citizenship Amendment Act (CAA)..Justice Sanjeev Narula on Thursday issued notice to Delhi Police on Imam's plea and sought its response. .Earlier, the trial court on March 7 said that Imam was the mastermind behind the conspiracy that allegedly led to mass-scale rioting, arson and violence during the protests on December 15, 2019.The Court said that Imam’s “venomous” and incendiary speeches incited the riots and that he was not just an instigator but a “kingpin” who mobilized people to take to the streets.Apart from Imam, the court also framed charges against Ashu Khan, Chandan Kumar and Aasif Iqbal Tanha for allegedly leading the mob and inciting violence..According to the prosecution, Imam played a central role in fueling this unrest by disseminating inflammatory speeches and mobilizing crowds. He is alleged to have conducted public meetings, distributed provocative leaflets and use social media to influence Muslim students and activists in the days leading up to the riots..Imam had argued that he was not part of the unlawful assembly that engaged in violence on December 15 and that his speech did not amount to incitement to violence. His counsel also invoked the principle of double jeopardy and argued that since a separate case (FIR No. 22/2020) had already been registered against him under Sections 124A (sedition) and 153A (promoting enmity), fresh charges under Section 153A IPC in the present case unlawful.The Court rejected this argument, holding that his role in the Jamia violence was distinct and justified fresh charges. .Based on the evidence presented, the court ordered the framing of 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 ActHowever, the charge under Section 124A IPC (sedition) was kept in abeyance since the Supreme Court had ordered that all pending cases under the said provision should be halted till the Court decides on the validity of the provision..Sharjeel Imam was represented by advocate Talib Mustafa.
