Delhi HC frames charges against Sharjeel, Safoora and seven others for rioting, unlawful assembly
The Delhi high court has charged Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and others under rioting unlawful assembly and other offences.
The Delhi high court on Tuesday set aside the trial court’s discharge of Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and six others in the Jamia violence case of 2019 while charging them under rioting, unlawful assembly and other offences.
Justice Swarna Kanta Sharma in her judgment said that prima facie, as seen in videos, the accused were in the first line of the mob and they were raising slogans of “Delhi police murdabad”, adding that they consciously chose to be a part of the unlawful assembly.
The court said that accused were carrying dandas in their hands and climbed the barricades to march towards Parliament despite several warnings by the police.
The judge, however, discharged the accused of some of the sections.
A detailed copy of the judgement is awaited.
The first information report (FIR) in the case was lodged after violence broke out near Jamia Milia Islamia University on December 13, 2019 when a gathering of approximately 700-800 people were protesting against the Citizenship Amendment Act (CAA). The police indicted 12 people, including Imam, Tanha and Zargar, under various sections of the Indian Penal Code (IPC) and the Prevention of Damage to Public Property Act.
The trial court, on February 4, discharged 11 accused, including Imam, Zargar and Tanha, challenging which the Delhi police approached the high court. The trial court, however, ordered framing of charges against one of the accused, Mohammad Ilyas.
The sessions court, while exonerating the accused, said that the accused were made “scapegoats” by police and that dissent has to be encouraged, not stifled. The trial court said there were admittedly scores of protesters at the site and some anti-social elements within the crowd could have created an environment of disruption and havoc.
The judge highlighted that the police and investigating agencies need to know the difference between dissent and insurrection, pointing that though insurrection must be “quelled indisputably”, dissent should be given space as it is reflective of something which pricks a citizen’s conscience.
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