Sharjeel Imam
Photo: File photo
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The Delhi Police has challenged in the High Court the trial court’s order discharging Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in the 2019 Jamia violence case. The petition is likely to come up for hearing on Wednesday. In the petition, the police argued that the lower court has ignored many important facts and statements of witnesses. Apart from this, strong comments have been made regarding the investigation without any reason and it should be rejected.
Imam, Tanha, Zargar, Mohammad Abuzar, Umair Ahmed, Mohammad Shoaib, Mahmood Anwar, Mohammad Qasim, Mohammad Bilal Nadeem, Shahzar Raza Khan and Chanda Yadav were discharged by the lower court on Saturday in its order. The Delhi Police had alleged that they were involved in rioting and illegal offenses during the 2019 violence at the university. However, after considering the matter, Additional Sessions Judge (ASJ) Arul Verma framed charges only against Mohd Ilyas and discharged the others.
In his detailed order, Justice Verma strongly criticized the Delhi Police for filing a malicious charge sheet, saying the case was devoid of irrefutable evidence. The court noted that though the mob created mayhem and disruption on the day, the police were able to nab the real culprits. failed and made Imam, Tanha, Zargar and others scapegoats. The court said that the police arbitrarily selected some people from the crowd as accused and others as police witnesses. This cherry-picking is detrimental to the principle of fairness.
Justice Verma said that dissent is an extension of the invaluable fundamental right to freedom of speech and expression, a right which we courts have taken an oath to uphold. The desideratum is for the investigating agencies to understand the difference between protest and insurgency. The latter must be suppressed unquestioningly. However, the former should be given space, a forum, perhaps for dissent, something that pricks the conscience of a citizen.
The present case pertains to the violence that took place in and around Jamia Millia Islamia in December 2019, when some students and local people announced that they would march towards Parliament to protest against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) . However, the protest soon turned violent, and some protesting students reportedly entered the university as the police used force to pacify them.