Delhi Court Orders Framing Of Charges Against Sharjeel Imam

In a disappointing turn of events, A Delhi court has ruled that activist Sharjeel Imam was not only an “instigator” but also one of the “kingpins of a larger conspiracy to incite violence,” leading to the decision to frame charges against him in connection with the 2019 Jamia violence case.

Additional Sessions Judge Vishal Singh characterized Imam’s speech delivered on December 13 near Jamia University as “venomous,” stating it “pitted one religion against another” and constituted “hate speech.”

The court was reviewing the case against Imam and others, following an FIR registered by the New Friends Colony Police under various sections of the Indian Penal Code (IPC), the Prevention of Damage to Public Property Act (PDPP), and the Arms Act. The Delhi Police’s Crime Branch is currently investigating the matter.

In an order dated March 7, the court noted that the assembly of a large mob and the subsequent rioting were not random or spontaneous events but rather the result of a larger conspiracy orchestrated by self-proclaimed leaders of the mob. The court highlighted the prosecution’s argument that Imam’s speech provoked his audience by questioning why, despite a significant Muslim population in northern India, they were allowing cities to function normally and not causing a “chakka jam” (stoppage of public movement).

The court pointed out that Imam, a senior PhD student, “craftily clothed his speech” to avoid mentioning communities outside of the Muslim community, while the intended targets of the chakka jam were members of other communities. The court questioned, “Why did Sharjeel Imam incite only the members of the Muslim religion to disrupt the normal functioning of society?”

The judge emphasized that Imam’s speech was designed to evoke anger and hatred, leading to widespread violence by members of the unlawful assembly on public roads. The court stated that there was nothing peaceful about a chakka jam, noting that in a densely populated city like Delhi, it could jeopardize the lives of critically ill patients needing urgent medical care, potentially resulting in culpable homicide.

The court further explained that a chakka jam infringes on the fundamental right to life and health, and even if the mob did not engage in violence or arson while enforcing the jam, it would still represent a violent act by one segment of society against another.

The court concluded that Sharjeel Imam was not only an instigator but also a key figure in a broader conspiracy to incite violence. He has been ordered to face charges under various IPC provisions, including abetment, criminal conspiracy, promoting enmity between groups, rioting, unlawful assembly, attempt to commit culpable homicide, obstructing a public servant, and causing mischief by fire or explosive substances, as well as under the PDPP.

Regarding the roles of three other accused individuals—Ashu Khan, Chandan Kumar, and Aasif Iqbal Tanha—the court stated they committed abetment through prior conspiracy and instigated violent mob activity, justifying the invocation of Section 109 (abetment) of the IPC against them.

The court also ordered charges to be framed against Anal Hussain, Anwar, Yunus, and Jumman, based on evidence from a police witness and their mobile phone records, which confirmed their involvement in the riotous mob.

This case arises from the protests that took place at Jamia Millia Islamia and Shaheen Bagh during the 2019-2020 period, following the passage of the Citizenship Amendment Act in Parliament on December 11, 2019.