On Friday, the Delhi High Court issued a notice to the Delhi Police in response to activist Sharjeel Imam's plea to dismiss the chargesheet filed against him in the 2019 Jamia violence case, which included charges of Sedition and promoting enmity between groups. Imam also requested the court to direct the trial court to proceed with the trial for other offenses mentioned in FIR 242/2019 without any further delay. Justice Rajnish Bhatnagar issued the notice and asked the Delhi Police to submit a status report on the matter. The case will be reviewed on October 18.
Imam's plea stated that FIR No. 242/2019 was registered at New Friends Colony Police Station following the rioting at Jamia Milia Islamia on December 15, 2019. The case was later transferred to the Crime Branch. Imam was arrested on February 17, 2021, based on a co-accused's disclosure statement claiming that Imam's speech on December 13, 2019, instigated him.
However, another FIR (22/2020) had already been registered by the Crime Branch against Imam for delivering two speeches during the anti-CAA protest, including the one at Jamia on December 13, 2019. FIR 22/2020 invoked Sections 124A/153A/153B/505 of the Indian Penal Code, and a chargesheet was filed after obtaining sanction under Section 196 of the Code of Criminal Procedure (CrPC). The trial court framed formal charges against Imam, and the trial is currently ongoing.
During the investigation of FIR 242/2019, the Investigating Officer (IO) obtained a copy of the transcript and video of Imam's Jamia speech from the IO of FIR No. 22/2020. The IO recorded his statement and included Section 124A and 153A (promoting enmity between groups) in the first supplementary chargesheet, which were not originally part of the FIR.
Imam's petition highlighted that the chargesheet filed against him in FIR No. 242/2019 included the same Jamia speech that was already investigated in FIR No. 22/2020. It argued that this was a violation of the law established by the Supreme Court in the T.T. Antony Vs State of Kerala & Ors case, and other judgments reiterating the same principle. The petition stated that no sanction had been obtained from the appropriate government to prosecute Imam under Sections 124A and 153A, as required by Section 196 of the CrPC. Therefore, the court has not yet taken cognizance of the case.
Due to this reason, the trial has been delayed for almost a year and a half, even for the offenses for which the court has already taken cognizance. The plea claimed that this is a violation of Imam's fundamental right to a fair and speedy trial guaranteed under Article 21 of the Constitution of India.
TAGS: Delhi High Court notice plea activist Sharjeel Imam chargesheet quashing Jamia violence case Sedition promoting enmity between groups trial court status report October 18 2019 FIR 242/2019 arrest disclosure statement co-accused separate FIR Crime Branch anti-CAA protest FIR 22/2020 Indian Penal Code chargesheet sanction Code of Criminal Procedure formal charges transcript video supplementary chargesheet Investigating Officer violation Supreme Court T.T. Antony Vs State of Kerala & Ors law Section 124A Section 153A Section 196 cognizance fair and speedy trial Constitution of India.
