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A Delhi court on Friday dismissed Jawaharlal Nehru University student Sharjeel Imam’s bail plea in a case related to alleged inflammatory and instigating speeches during the anti CAA-NRC protests in Jamia Nagar area.
Additional Sessions Judge Anuj Agarwal said the speech delivered by Imam at Jamia Millia Islamia on December 13, 2019 was clearly on communal/divisive lines and could affect peace and harmony in society.
In my view, the tone and tenor of the incendiary speech tend to have a debilitating effect upon public tranquility, peace and harmony of the society, he said.
Quoting John Milton, who said “give me the liberty to know, to argue freely, and to utter according to conscience, above all liberties”, ASJ Agarwal said the fundamental right of freedom of speech and expression as enshrined under Article 19 has been placed upon a very high pedestal in the Constitution.
The Court also noted that the same Constitution placed reasonable restrictions on exercising the individuals’ constitutional right, among other things, on the grounds of public order and incitement to an offence.
On December 15, 2019, a mob had attacked police personnel and torched several vehicles in the Jamia Nagar area during anti-CAA protests.
However, the prosecution had claimed that the mob was instigated by Imam’s inflammatory speeches at Jamia Millia Islamia’s anti CAA-NRC protest site. The court, however, observed that the evidence that rioters were incited by his speech and indulged in rioting is scanty and sketchy.
Imam was accused of delivering provocative speeches on December 13, 15 in 2019, and January 16, 2020 that led to riots at several places. However, the present case dealt with Imam’s December 13, 2019 speech. He was chargesheeted under Sections 124A (sedition) and 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) of the Indian Penal Code.
Imam, who was arrested under the UAPA, had sought bail from a local court in connection with a case relating to northeast Delhi violence in July. He is also facing cases pertaining to northeast Delhi violence of February 2020 and is currently in jail.