Delhi High Court Issues Notice On Sharjeel Imam's Plea For Bail In 2019 'Jamia Rioting' Case

The Delhi High Court on Wednesday issued notice on the bail plea filed by Sharjeel Imam in a 2019 case alleging that he delivered provocative speeches which led to Delhi Riots at various places.

Justice Rajnish Bhatnagar issued notice on the plea and posted the matter for further hearing on February 11.

Senior Advocate Sanjay Hegde appeared on behalf of Imam whereas Special Public Prosecutor Amit Prasad appeared for the prosecution.

Sharjeel Imam was denied regular bail in the matter in October this year after the Trial Court observed that the tone and tenor of the incendiary speech tend to have a debilitating effect upon public tranquility, peace and harmony of the society.

Though the Court observed that the evidence against Imam was "scanty and sketchy" to take a prima facie view that his speeches incited riots, it denied him bail noting that further examination was needed to ascertain if the speech amounted to the offense of sedition under Section 124A IPC and promotion of communal disharmony under Section 153A IPC.

The Court noted that the prosecution case for instigation of riots was left with "gaping holes" which cannot be filled with "surmises and conjectures".

Nevertheless, it denied him bail stating that "the issue whether the said speech would fall within the ambit of section 124A IPC or not, requires a deeper analysis at an appropriate stage."

The facts of the case are that on December 15, 2019, information was received by Police regarding a demonstration against the Citizenship Amendment Bill (CAB) by the students and residents of Jamia Nagar.

It was alleged that a mob had blocked traffic movement on the road and started damaging public/private vehicles and properties with sticks, stones, and bricks.

Specific allegations against Imam were that he instigated a particular religious community against the government by creating fear in their minds regarding CAB and NRC.

As per the prosecution, the said speeches delivered by Imam were seditious, communal, and divisive in nature and were aimed at promoting enmity between different religions.

The judge had also quoted Swami Vivekanand in the order and said "We are what our thoughts have made us; so take care about what you think; Words are secondary; Thoughts live; they travel far."

Title: Sharjeel Imam vs. State