Sharjeel Imam pitted one religion against another: Delhi court frames charges in Jamia riots case

A Delhi court on Monday framed charges against Sharjeel Imam for the December 2019 Jamia riots during the protests against the Citizenship Amendment Act (CAA)..Additional Sessions Judge Vishal Singh 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 held 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.“His speech was calculated to evoke anger and hatred, the natural consequence of which was commission of widespread violence by members of unlawful assembly on public roads. His speech was venomous and pitted one religion against another. It was, indeed, a hate speech,” the court noted.Imam deliberately used the Muslim community, urging them to disrupt public life through ‘chakka jaam’ (road blockades) across multiple States to protest against the CAA, the judge further stated..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. Their mobile location data and media interviews were cited as evidence of their involvement..The Court rejected Imam’s argument that he merely called for peaceful protests, stating that a mass-scale chakka jaam (road block) could never be peaceful in a city like Delhi. “In a populous city like Delhi, at any given time scores of critically ill medical patience requiring urgent treatment are in a rush to reach hospitals. Chakka jaam can potentially lead to deterioration of their condition or even death if they do not receive medical care in time, which would be nothing short of culpable homicide.", the order stated..The December 15, 2019 violence in the Jamia Nagar area saw multiple DTC buses, private vehicles, and police property torched, along with heavy stone-pelting on law enforcement officers. The court noted that this was not a spontaneous riot but the result of an orchestrated plan.“The assembling of a huge mob and the mass-scale rioting committed by it was not a random or spontaneous happening and could not have been committed except in pursuance of a larger conspiracy entered into between the self-proclaimed leaders and initiators of the mob activity,” the order noted..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..The prosecution argued that Imam’s speech at Aligarh Muslim University on December 11, 2019, and his subsequent speech at Jamia University on December 13, 2019, were deliberate attempts to provoke unrest. The Court found that Imam's speeches were not only aimed at creating a political movement but also at inciting large-scale disruption and violence. "He provoked his audience by saying that despite having significant muslim population in different States of Northern India, why were they allowing the cities to function normally and why were they not causing chakka jam (complete stoppage of public movement). He evoked a feeling of fear in the mind of Muslim community by falsely creating impression that thousands of muslims were living in detention camps of the government.", the order stated. .Imam 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. “An accused who openly invoked feelings of anger and hatred in the mind of the Muslim community and instigated them to cause mass-scale disruption in public life in multiple cities could not be heard arguing that the rioting committed by mob on public roads was not intended consequence of his speech,” the order stated..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..Meanwhile, 15 accused persons were discharged, with the court holding that mere mobile location data was insufficient to establish their participation in the riots. “Unless supported by any other credible evidence of physical presence, the location of a mobile phone is a poor and unreliable indicator of a person’s presence at a given place. On its own, the location of mobile phone cannot be used to either inculpate or exculpate a person in respect of a criminal liability,” the Court ruled..With charges now framed, Imam will face trial on the allegations that he was the key instigator of the events that unfolded on December 15, 2019..Sharjeel Imam was represented by advocate Talib Mustafa while the State was represented by special public prosecutor Ashish Dutta. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.