Jamia violence: Delhi High Court seeks Delhi Police response on Sharjeel Imam plea against addition of Sedition charge

The Delhi High Court on Friday issued notice to the Delhi Police on a plea filed by activist Sharjeel Imam seeking quashing of the chargesheet filed against him in the 2019 Jamia violence case invoking the offences of Sedition and promoting enmity between groups.

Imam has also asked the Court to issue directions to the trial court to proceed with trial in respect of all other offences in FIR 242/2019 without any further delay.

Justice Rajnish Bhatnagar issued notice and asked the Delhi Police to file a status report in the matter.

The case will now be considered on October 18.

Imam 's plea stated that based on the rioting that took place at Jamia Milia Islamia on December 15, 2019, FIR No. 242/2019 was registered at New Friends Colony Police Station which was later transferred to the Crime Branch. Imam was arrested in the case on February 17, 2021 based on a disclosure statement by a co-accused stating that it was Imam’s speech delivered on December 13, 2019 that instigated him.

However, in the meantime, a separate FIR (22/2020) had already been registered by the Crime Branch against Imam for having delivered two speeches during the anti-CAA protest. This included the speech at Jamia on December 13, 2019.

FIR 22/2020 invoked Sections 124A/153A/153B/505 of the Indian Penal Code and a chargesheet was filed against him after obtaining sanction under Section 196 of the Code of Criminal Procedure (CrPC). Formal charges were framed against Imam by the trial court and the trial is ongoing.

However, during the investigation of FIR 242/2019, the Investigating Officer (IO) collected the copy of the transcript and the video of the Jamia speech from the IO of FIR No 22/2020, recorded his statement and filed the first supplementary chargesheet under all the offences invoked in the said FIR.

The chargesheet added Section 124A and 153A (promoting enmity between groups), which were not in the FIR originally.

“It is important to mention here that the Jamia Speech which was already investigated by the same investigating agency in FIR No. 22/20 was also made subject matter of the present FIR and chargesheet was additionally filed U/s 124A and 153A against the Petitioner in complete disregard and defiance of the law laid down by the Hon’ble Supreme Court in T.T. Antony Vs State of Kerala & Ors, AIR 2001 SC 2637 and plethora of other judgments reiterating the same principle of law,” the petition said.  

It contended that till today, no sanction as mandated under Section 196 CrPC has been taken from the appropriate government to prosecute him under Sections 124A and 153A, and therefore, the Court is yet to take cognisance of the case.

For the same reason, the trial has not progressed for almost a year and half even for the offences which the court has already taken cognisance of, the plea added.

“The same is in complete defiance of the fundamental right of the Petitioner to fair and speedy trial guaranteed under Article 21 of the Constitution of India.”