In connection with the 2019 Jamia Nagar violence case, the Delhi High Court on Tuesday partially set aside a trial court's order discharging 11 people including JNU student Sharjeel Imam and activists Asif Iqbal Tanha and Safoora Zargar. The HC ordered framing fresh charges against them as well.
Justice Swarana Kanta Sharma in her order said that "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," reported Bar and Bench.
Offences including rioting and unlawful assembly was charged against them.
The detailed judgment is awaited.
The case pertains to the violence that erupted after a clash between the Delhi Police an protesters in Jamia Nagar area in December 2019. The protest was against the Citizenship (Amendment) Act (CAA).
In its February 4 order, 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.
"Marshalling the facts as brought forth from a perusal of the chargesheet and three supplementary chargesheets, this court cannot but arrive at the conclusion that the police were unable to apprehend the actual perpetrators behind the commission of the offence, but surely managed to rope the persons herein as scapegoats," said Additional session judge Arul Varma while pronouncing the order.
According to the prosecution, Imam had allegedly made speeches on December 2019 at Jamia Milia Islamia University and Aligarh Muslim University, where he threatened to cut off Assam and other states in the Northeast from India.
Imam and Asif were granted bail in 2021. However, Imam would continue to be in jail under the Unlawful Activities (Prevention) Act in the conspiracy case related to the February 2020 northeast Delhi riots.
(With PTI inputs)
