Will Not Take Any Coercive Action Against Former AMU Student Leader Sharjeel Usmani Till March 15: Govt Tells Bombay HC

A division bench of Justices SS Shinde andJustices SS Shinde orally also asked Usmani to ensure he co-operates with the investigation. He has been asked to attend the police station tomorrow, at 10 am.

The bench was hearing a petition by Usmani (23) to quash the FIR registered against him by the Swargate Police in Pune, for his speech at the Elgaar Parishad on January 30, 2021.

On February 2, 2021, the Police registered an FIR against Usmani under section 153A (Promoting enmity between different groups on grounds of religion, race, place..) of the IPC on a complaint by the secretary of the Bhartiya Janta Yuva Morcha, Pradeep Gawade. Gawde is a former member of ABVP.

It was alleged that Usmani made offensive statements against the 'Hindu community,' 'Indian Judiciary' and 'parliament'.

On Tuesday, Senior Advocate Mihir Desai appearing for Usmani submitted that there was no disharmony or violence following his speech. He said Sharjeel was called to the police station tomorrow and while he would co-operate with the investigation, he should be protected till then.

Advocate Aniket Nikam, appearing on behalf of the original complainant said he had not received a copy of the FIR. Desai then agreed to add him as a party.

After a question fell from the court, Public Prosecutor JP Yagnik agreed that no coercive action would be taken against Sharjeel till then.

"But ensure you co-operate with the investigating agency," Justice Shinde said before issuing notice and allowing Desai to amend the petition.

"Please ensure you inform your officer as well (about not taking coercive action)," the court told the prosecutor.

In his petition, Usmani has denied the allegations stating that there was not an iota of disharmony violence or discomfort that occurred at the venue before or after his speech. He has said that such FIRs are designed to 'vitiate' communal harmony in society and in effect curb free speech by initiating the juggernaut of the criminal justice system.

Usmani says that it is ironic his speech is being portrayed as offensive. "It is a settled position of law that the effects of that words must be judged from the standards of reasonable, strong-minded, firm and courageous men and not those who scent danger in every hostile point of view," the petition states