New Delhi [India], March 10 : Delhi's Saket Court has recently framed charges against Sharjeel Imam, Asif Iqbal Tanha and nine others in a case related to violence, the burning of buses, and assault on public servants by the mob protesting against CAA NRC in December 2019.
" Accused Sharjeel Imam was not only an instigator; he was also one of the kingpins of a larger conspiracy to incite violence," the court noted in the order.
An FIR was lodged in the Police Station in New Friends Colony. Later on, the investigation was handed over to the crime branch.
Additional Sessions Judge (ASJ) Vishal Singh framed charges against Sharjeel Imam, Ashu Khan, Chandan Kumar and Asif Iqbal Tanha ofabetment, criminal Conspiracy, promoting enmity between groups, assaulting public servants, damage to public property, etc.
The court took a serious view of the allegations against Sharjeel Imam.
"Indeed, being a senior Ph.D. student, accused Sharjeel Imam craftily clothed his speech in which he avoided the mention of communities other than the Muslim community but the intended victims of the chakka jaam were members of communities other than the Muslim community. Why, otherwise, did accused Sharjeel Imam incite only the members of the Muslim religion to disrupt the normal functioning of the society?" ASJ Vishal Singh noted in an order passed on March 7.
The court said that Sharjeel Imam is liable to be charged with an offense under Section 109 IPC, read with Section 120B IPC, read with Section 153A.
IPC read with Section 143, 147, 148, 149, 186, 353, 332, 333, 308, 427, 435, 323, 341 IPC & Section 3/4 Prevention of Damage to Public Property Act.
The court said that the accused Ashu Khan, Chandan Kumar and Aasif Iqbal Tanha are liable to be charged with the offense. Under Section 109 IPC read with
Section 120B IPC is read with Sections 143, 147, 148, 149, 186, 353, 332, 333, 308, 427, 435, 323, 341 IPC, and Section 3/4 of the Prevention of Damage to Public Property Act.
All three of these accused were present at the spot of violence and named in the FIR.
The court has also framed charges against nine other accused: Anal Hussain, Anwar Kala, Yunus, and Jumman.
Rana, Mohd. Harun, and Mohd. Furkan are liable to be charged with offenses under sections 143/147/148/149/186/353/332/333/308/427/435/323/341 IPC, Section 120B IPC, and Section 3/4 of the Prevention of Damage to Public Property Act.
The court has discharged the accused, namely 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 of all charges against them.
The court said that the charges against the accused Asad Ansari and Mohd. Hanif, alias Ali Hanif, who are declared 'proclaimed persons' upon their appearance or production before the court, shall be decided separately.
Additionally, the court said that the charge for the offense under section 124A (sedition) IPC shall be subject to further orders of the Supreme Court in the writ petition of 2021. The operation of said provision remains in abeyance in view of the Supreme Court's order on May 11, 2022.
As per the charge sheet, around 41 vehicles, including government vehicles and private vehicles that were damaged by the mob/unlawful assembly, were seized by police during the investigation.
As per the charge sheet, 10 police officials were injured by the members of the mob/unlawful assembly, out of whom Inspector Hanumant Singh, SHO PS Sunlight Colony, sustained grievous injuries, whereas other officials sustained simple injuries.
The members of the unlawful assembly threw stones at police officials, knowing that the thrown stones could hit them on their heads and could cause their death or serious bodily injury.
It was alleged that in order to provoke the Muslim community and to incite widespread violence against the implementation of the CAA and NRC, Sharjeel Imam conducted public meetings, distributed inflammatory leaflets in areas of Munirka, Nizamuddin, Shaheen Bagh and Jamia Nagar on December 5 and 6, 2019, prepared a video of inflammatory speech and uploaded it on social media to influence the Muslim Brotherhood.
It is alleged that he visited Aligarh Muslim University on 11 December 2019 and incited the students against the government for implementing CAA and NRC.
He visited the area of Jamia Nagar on 13 December 2019 at around 02:00 PM, where he held a meeting with Jamia students and local residents to instigate them to cause a traffic jam on public roads in protest of CAA and NRC. Pursuant to the meetings and instigation, a mob gathered outside Jamia University, engaged in rioting and caused a traffic jam.
The special public prosecutor (SPP) argued that ex facie the speech of accused Sharjeel Imam sounded like the creation of a peaceful public movement against some government policy; it was in essence an invocation of feeling of hatred of the Muslim community against other communities in the name of legislation of a law by the Central Government that was unfair to the Muslim community.
" His speech was calculated to evoke anger and hatred, the natural consequence of which was the 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. He committed abetment by instigating violent mob activity through his communal speech, for which the penal provision of Section 109 IPC r/w Section 153A IPC is justifiably invoked against him," the court noted.
" It needs to be observed here that there could be nothing peaceful about a chakka jaam. In a populous city like Delhi, at any given time, scores of critically ill medical patients requiring urgent treatment are in a rush to reach hospitals," the court noted.
It is said that 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.
It is stated that the vehicles supplying essential and emergency services are on the roads. Chakka jaam essentially results in violation of fundamental right to life and health of public. Even if the mob does not indulge in violence and arson while enforcing chakka jaam, it would still be a violent act by one section of society against the other.
The counsel for Sharjeel Imam argued that he was neither part of the unlawful assembly that committed rioting on 15 December 2019 nor did his speech incite the public to engage in violent activities.
It was also argued that in his speech, accused Sharjeel Imam did not promote enmity, hatred, ill-will or disharmony between different groups on grounds of religion, race, place of birth, residence, language, caste or community, etc., on account of which Section 153A IPC cannot be invoked against him.