Delhi HC to hear plea challenging discharge of Sharjeel Imam in Jamia Nagar violence case

The Delhi High Court on Friday allowed urgent inclusion of a Delhi Police plea challenging the acquittal of student activists Sharjeel Imam, Asif Iqbal Tanha and nine others in the 2019 Jamia Nagar violence case by a trial court in the national capital.

Solicitor General Tushar Mehta mentioned the plea before a bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, which allowed it to be listed for hearing on February 13. Delhi Police filed a plea against the court's decision to release Sharjeel Imam, Asif Iqbal Tanha and nine others in the 2019 Jamia Nagar violence case on 7

The court released them on February 4, saying the police had made them "scapegoats" and that dissent should be encouraged, not suppressed. The court further said that undoubtedly there were many protesters at the venue and some anti-social elements in the crowd could have created an environment of disturbance and confusion.

“However, the debatable question remains – were the persons accused here even prima facie complicit in participating in the mayhem? The answer is a resounding no,” the trial court said while discharging Sharjeel Imam, Asif Iqbal Tanha and nine other accused in the case. However, the court framed charges of unlawful assembly and disorderly conduct against one Mohammed Iliyas.

The Delhi Police charged Sharjeel Imam and Asif Iqbal Tanha with rioting, unlawful assembly, criminal conspiracy and several other offenses under the Indian Penal Code (IPC).

The Delhi Police registered a First Information Report (FIR) and filed a case under various sections of the IPC as well as provisions of the Prevention of Damage to Public Property Act in connection with the communal violence that broke out after the clash between the police and protesting people. against the Citizenship Amendment Act (CAA). Sharjeel Imam was accused of inciting riots by making a provocative speech at Jamia Milia University on 13 December 2019.

The Jamia Nagar police station filed a charge sheet against Imam, Asifa Iqbal Tanha, Safoora Zargar, Mohammad Qasim, Mahmood Anwar, Shahzar Raza Khan, Mohammad Abuzar, Mohammad Shoaib, Umair Ahmad, Bilal Nadeem, Chanda Yadav and Mohammad I. Sharjeel Imam, currently in custody, is also accused in the larger conspiracy case of the 2020 Northeast Delhi riots. Asif Iqbal Tanha is out on bail.