Delhi Court Reserves Order On Sharjeel Imam's Bail Plea In Case Concerning Anti-CAA Speeches Made At AMU, Jamia

A Delhi Court has reserved orders on the bail plea moved by Sharjeel Imam in relation to the allegedly inflammatory speeches made by him in Aligarh Muslim University and Jamia area in Delhi against the Citizenship Amendment Act.Imam was booked vide FIR 22/2020 registered by the Delhi Police under Sections 124A, 153A, 505 of the IPC along with Section 13 of the UAPA (added later). Additional Sessions Judge Amitabh Rawat is likely to pronounce the order on November 15. Advocate Tanveer Ahmed Mir appearing for Imam submitted before the Court there was no call for violence in the speeches made by Imam and that the allegations made by the Prosecution were only rhetoric, having no basis.He also submitted that being critical of the government cannot be the cause of sedition and that a person cannot be charged on pure suspicion.Rebutting the prosecution's argument that Imam opened his speech with the words 'As-salamu alaykum' which is enough to show that it was addressed to a particular community and not to the public at large, Mir had submitted:"Would the Prosecution withdraw the Chargesheet had Sharjeel Imam started his speech with good morning, namaskar etc? At the end of the day, the statement is rhetoric and extremely hollow."On the other hand, Special Public Prosecutor Amit Prasad opposed the argument that the fundamental right to protest cannot go beyond an extent which causes problem to the public at large.Arguing so, he relied on the judgment delivered by Supreme Court in Amit Sahani case wherein it was observed that "we have no hesitation in concluding that such kind of occupation of public ways, whether at the site in question or anywhere else for protests is not acceptable and the administration ought to take action to keep the areas clear of encroachments or obstructions."He also argued that by making the alleged seditious speeches, Imam also challenged the sovereignty of India and also tried to imbibe a 'sense of hopelessness and insecurity' in Muslims that they have no hope left in the Country.In another development, another Court had dismissed the regular bail plea filed by Sharjeel Imam in a 2019 case alleging that he delivered provocative speeches which led to Delhi Riots at various places observing that the tone and tenor of the incendiary speech tend to have a debilitating effect upon public tranquility, peace and harmony of the society.

Delhi Court Reserves Order On Sharjeel Imam's Bail Plea In Case Concerning Anti-CAA Speeches Made At AMU, Jamia

Nupur Thapliyal

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