"Sharjeel Imam's Speech Starting With 'As-salamu alaykum' Shows It Was Addressed To A Particular Community": Prosecution Argues In Delhi Riots Case

A Delhi Court today continued hearing the bail application filed by Sharjeel Imam in relation to the speeches made by him in Aligarh Muslim University and Jamia area in Delhi against the Citizenship Amendment Act.

The Prosecution has contended 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.

Special Public Prosecutor Amit Prasad was making arguments on charges as well as simultaneously on bail plea regarding Sharjeel Imam in FIR 20/2020 involving offence of Sedition and charges under UAPA.

Reading out the speech given by Imam in Aligarh Muslim University, Prasad submitted:

"The fact that address starts from 'As-salamu alaykum' itself states that the speech is addressed to a particular community."

He added that Sharjeel attempted to provoke the crowd by stating that the 'public anger needs to be used in a productive manner' (Agar Aawam gusse me hai, toh is gusse ka productive use karna hai).

Sharjeel's Speeches Addressed To A Particular Community

Prasad began by taking the Court through the relevant portions of the speeches as mentioned in the chargesheet. 

Relying on the speech delivered in Jamia Millia Islamia University, Prasad submitted that the Court must keep in mind two factors while considering the said speeches in question, firstly, who is the accused and secondly, what is his background.

On this noted, Prasad submitted:

"He is not a simple pick pocketer or a small time drug peddler whose conduct or what he utters will not have a significance. He is a man who has knowledge of 5 languages, excellent oratory skills and will have an impact on people about what he speaks."

He further submitted that the speech was primarily addressed to a particular community and not to a public at large or to a mix of communities.

"People called upon to take action is also restricted to one community and how the tone and tenor is tried to be kept on a fine balance. I'll show that," Prasad argued.

Speech Was Divisive, Sharjeel Tried To Create Anarchy

Prasad also argued that the speech delivered by Sharjeel was divisive and that he tried to create anarchy while making the speeches.

"The entire content of this speech primarily focuses on two three important points. Speech was definitely divisive. It was made for a specific community. He is attempting to create complete anarchy. When we read the next speech, it will be more clear," Prasad submitted.

He also requested the Court to take note of specific words mentioned in the speech wherein Imam allegedly said that issues like abrogation of Article 370 (Kashmir issue), Triple Talaq, Citizenship Amendment Act and NRC came only after the BJP got full majority.

Referring to specific portions of the speech, he continued to argue:

"These are very crucial words because we must keep in mind that this accused is somebody who has done his thesis on rioting and therefore has knowledge as to how a critical mass can come together and how things can be done from them."

Earlier, seeking bail in the case, Sharjeel had told the Court there was nothing in the speeches which called for any violence or which can invoke sedition charge against him. He also emphasized that the speech was made amid a group of scholars as part of an "intellectual debate" and he cannot be prosecuted merely for holding a viewpoint which is different from that of the Government.

"Critical elements in our society are also necessary because in a society where criticism will die, the society will die. That is why, ultimately, the flag to uphold the constitution in a democracy securely lies in your honours' hands...Courageous men in this country will not be slapped with sedition. This is what our solemn duty is. Sharjeel Imam's view is not hostile," Advocate Mir had submitted.

He had also claimed that the investigative authority had taken "selective passages and lines" from the speech made by him and have given an illegal context to it by cut-pasting the same.

The matter will now be heard tomorrow by the Court.

Case Title: State v. Sharjeel Imam