The Delhi High Court requests the Delhi Police’s position on Sharjeel Imam’s request to throw out the additional charge sheet
In a recent development, student activist Sharjeel Imam petitioned the Delhi High Court to quash accusations of sedition and hate speech that were included in a supplemental charge sheet against him. The accusation was made in relation to his allegedly offensive speech given at Jamia Millia Islamia in December of last year. The petition was given notice by Justice Rajnish Bhatnagar, who also gave the prosecution time to provide a status report.
Imam’s attorney said that the inclusion of sedition accusations, which the Supreme Court had halted, was the main focus of the challenge to the extra charge sheet. They further emphasised that the Delhi Police had previously filed a separate FIR for the same offences in respect to two of his remarks during the anti-Citizenship Amendment Act (CAA) rallies, including the disputed speech. The petitioner has asked the court to give the trial court the go-ahead to continue the trial in relation to all other offences brought up in the case.
The conflict that took place on December 15, 2019, near Jamia and Mata Mandir Marg is what led to the current FIR against Sharjeel Imam. The accusations range from rioting to attempting to commit culpable murder and violating the Act to Prevent Damage to Public Property.
Based on the disclosure statement of a co-accused who claimed to have been inspired by Imam’s speech on December 13, 2019, Imam was detained on February 17, 2021. Sections 124A (sedition) and 153A (promoting hatred between diverse groups) of the IPC were added against him in the first additional charge sheet.
Multiple criminal procedures on the same occurrence against a person, according to the petitioner, are unlawful and unconstitutional. They claim that it is unconstitutional to open several investigations into the same alleged speech.
It is important to note that on September 30, 2022, the trial judge granted Sharjeel Imam regular bail in the current FIR. He is still being held, however, because of his participation in other crimes.
In addition to this case, Sharjeel Imam is also being prosecuted in a number of other charges connected to the violence that followed the anti-CAA demonstrations in December 2019. Additionally, he is connected to the Unlawful Activities (Prevention) Act (UAPA) case that centres on the bigger plot that caused rioting in the northeastern part of the national capital in February 2020.
The Supreme Court issued a stay on May 11, 2022, prohibiting the nationwide filing of FIRs, investigations, and coercive actions for the crime of sedition until further instructions. The court ordered the delay in order to provide a suitable government forum time to review the criminal code from the colonial period. The next hearing is planned on October 18 in this case.
