'Sharjeel Imam Kingpin Of Larger Conspiracy To Incite Violence': Delhi Court While Framing Charges In 2019 Anti-CAA Protest Case

A Delhi Court has framed charges against Sharjeel Imam, Asif Iqbal Tanha and 9 others in a case concerning the alleged violence during the 2019 anti CAA protests in city's Jamia Nagar area.

Additional Sessions Judge Vishal Singh of Saket Courts said that Sharjeel Imam was not only an instigator but also was the kingpin of larger conspiracy to incite violence.

The Court thaf being a senior Ph.D student, Sharjeel Imam “craftily” clothed his speech in which he “avoided” the mention of communities other than Muslim community but the intended victims of chakka jaam were members of communities other than Muslim community.

“Why, otherwise, accused Sharjeel Imam incited only the members of Muslim religion to disrupt the normal functioning of the society,” the Court said.

It added that Imam's speech was calculated to evoke anger and hatred, the natural consequence of which was commission of wide-spread violence by members of unlawful assembly on public roads.

The judge added that Sharjeel's speech was “venomous” and pitted one religion against another. It was, indeed, a hate speech, the Court said.

“Secondly, an accused who openly invoked feeling of anger and hatred in the mind of Muslim community and instigated them to cause mass scale disruption in public life in multiple cities of Northern India through chakka jaam (complete stoppage of public movement) could not be heard arguing that the rioting committed by mob on public roads was not intended consequence of his speech and he could not be fastened with criminal liability for the same,” the Court said.

The judge said that nothing could be nothing peaceful about a chakka jaam and that it results in violation of fundamental right to life and health of public.

“Even if the mob does not indulge in violence and arsony while enforcing chakka jaam, it would still be a violent act by one section of society against the other,” the Court said.

The development ensued in FIR 242 of 2019 registered in NFC police station. It was alleged that during the protests, around 41 vehicles, including government vehicles and private vehicles, were damaged by unlawful assembly and stones were pelted at police officials.

Apart from Imam and Tanha, the Court also framed charges against Ashu Khan, Chandan Kumar, Anal Hussain, Anwar, Yunus, Jumman, Rana, Mohd. Harun and Mohd.Furkan.

However, the judge discharged accused persons namely Mohd. Adil, Roohul Ameen, Mohd. Jamal, Mohd. Umar, Mohd. Shahil, Muddussir Faheem Hasmee, Mohd. Imran Ahmad, Saqib Khan, Tanjil Ahmad Chaudhary, Mohd. Imran, Muneeb Mian, Saif Siddique, Shahnawaz and Mohd. Yusuf. 

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