Sharjeel Imam Moves Delhi High Court Against Criminal Proceedings Over Same Speech In Two Cases, Status Report Sought

The Delhi High Court on Friday issued notice on the plea moved by Sharjeel Imam challenging proceedings against him in two different cases for the same speech delivered at Jamia Millia Islamia University in December 2019.

Justice Rajnish Bhatnagar sought response of the Delhi Police, which is represented by Special Public Prosecutor Amit Prasad, and listed the matter for hearing on October 18.

Advocates Talib Mustafa, Ahmad Ibrahim and Ayesha Zaidi represent Sharjeel Imam.

Imam has challenged the first supplementary chargesheet filed against him in April 2020 in FIR 242 of 2019 registered at New Friends Colony police station under sections 124A and 153A of IPC.

It is his case that the speech in question was already under investigation in FIR No. 22 of 2020 and that it was made subject matter of FIR 242 of 2019 by way of the impugned supplementary chargesheet in complete disregard and defiance of the law.

“The act of the Respondent to import the speech in question from the specific FIR registered for the same (FIR No. 22 of 2020) and make it the subject matter of the present prosecution knowing fully well that the Petitioner is already being prosecuted for the same speech before the Special Court constituted under Section 22 of the NIA Act, 2008 is nothing but a classic case of abuse of the statutory power of investigation and therefore, the import and the consequent addition of Impugned charges must be set aside,” Sharjeel’s plea reads.

It adds that there cannot be multiple criminal proceedings on the same incident against a person and that the speech delivered at Jamia being made subject matter of FIR 242 of 2019 and framing of subsequent charges for the offence of sedition is in gross violation of the Supreme Court judgments in cases like T.T. Antony v. State of Kerala & Ors. and Arnab Ranjan Goswami v. U.O.I. & Ors.

Sharjeel has also prayed that the trial court be directed to proceed with the trial in FIR 242 of 2019 in respect to all other offences, except section 124A and 153A of IPC, without any further delay.

“CrPC. Thus, there can be no second FIR and consequently there can be no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence or the same occurrence or incident giving rise to one or more cognizable offences,” he has submitted.

Imam is presently under judicial custody in various cases registered against him during the 2020 North-East Delhi riots, including the larger conspiracy case involving UAPA charges.

Title: Sharjeel Imam v. State