Setback for Sharjeel Imam as court allows framing of charges in Jamia violence case

The Delhi High Court on Tuesday partially overturned a trial court order discharging all 11 accused in the 2019 Jamia violence case. The court framed charges against nine of the 11 accused including Imam, Tanha and Zargar under various sections related to rioting, unlawful assembly, obstructing public servants.

Revising the trial court order, the high court order stated that prima facie, the respondents were visible in the video. The right to peaceful assembly is subject to restriction. Damage to property and peace is not protected, the court added.

"While there is no denial of the right to freedom of expression, this court remains aware of its duty and has tried to decide the issue in that way. Right to peaceful assembly is subject to restriction. Damage to property and peace is not protected," Justice Swarana Kanta Sharma said while pronouncing the verdict.

The case concerns the violence that erupted after a clash between the Delhi Police and those protesting against the Citizenship (Amendment) Act (CAA) in the Jamia Nagar area here in December 2019.

The trial court had in its February 4 order discharged all 11 people from the case while holding that they were made "scapegoats" by police and that dissent has to be encouraged, not stifled.

The 11 people who were discharged by the trial court in the case are Imam, Tanha, Zargar, Mohammad Qasim, Mahmood Anwar, Shahzar Raza Khan, Mohammad Abuzar, Mohammad Shoaib, Umair Ahmad, Bilal Nadeem and Chanda Yadav.

Police had registered an FIR under various sections of the Indian Penal Code, including rioting, in connection with the communal violence that erupted after a clash between police and people protesting against the Citizenship Amendment Act (CAA).

Imam had allegedly made speeches where he spoke about Assam and the rest of the Northeast being cut off from India. The student of history at Jawaharlal Nehru University called upon CAA protestors for a road blockade on the highway to Assam.