Delhi Riots Erupted After Sharjeel Imam's Arrest, He Can't Be Charged For Conspiracy Endlessly: Arguments For Bail In Delhi Court

Seeking bail in the Delhi riots larger conspiracy case, JNU student Sharjeel Imam on Thursday told a Delhi Court that we cannot afford to have a system where conspiracies become endless and are rendered in perpetuity.

Advocate Tanveer Ahmed Mir appearing for Imam told Additional Sessions Judge Amitabh Rawat that no allegation of conspiracy can be attributed to Imam after his arrest in another riots case, days before the actual riots that happened on 24th and 25th of February, 2020.

"Sharjeel Imam, the moment he is arrested, the case against him for conspiracy, if any, is over. Post arrest of Sharjeel Imam nothing can be attached to him for conspiracy. This argument is good for bail and also for charge," Mir argued.

He added "Arrest is prior, act is later. Arrest is prior, riot is later."

Mir posed a bunch of questions to the Court to be considered while adjudicating Sharjeel Imam's bail plea. He asked that can there be a conspiracy in perpetuity and that if a person is arrested, can conspiracy can still be said against him after such arrest? He also asked that whether there was any evidence in the case attributed to Sharjeel Imam which suggested that there was a conspiracy to cause murders during the riots.

"Its not that the outcomes don't matter to us. What matters to officers of court is that the issues we raise are dealt with, one way or other. We have greatest of faith in institution of court that is why we are soldiers of justice. At least I believe in myself to be that," Mir argued.

Arguing that it was an ominous expansion of the law of conspiracy, Mir added:

"Can an agreement for chakka jam be equivalent to riot? Since when? Are those lines going to blur? If I conspired for a protest, then by no stretch of imagination it can be said that I conspired for a murder assault."

He argued that in order to deny bail in the matter, there has to be evidence towards an overt act for conspiracy of causing riot staged in a particular location in the city which was on account of overt acts attributed to Imam.

"Where are those overt acts attributed to me, post my arrest? Because if overt act is my speech then post my arrest, speeches are over. What if the riots were to take place three years down the line. How would the court then react to such a situation?" Mir argued.

He added "Is this conspiracy charge even at the stage of bail, will sustain? We will be turning the law of conspiracy in its head against all settled propositions of law which painstakingly we have set up in the last few decades."

Opposing the bail plea, Special Public Prosecutor Amit Prasad began by referring to various events dating back to early December 2019, showing Imam's alleged involvement in the criminal conspiracy followed by his speech and conversations with members of various groups.

"When a cricket team plays, every player has its own importance. In the sequence of openers, assuming somebody one wicket is lost, that doesn't mean the intent to win game is lost. Merely because Imam is removed from the team by event of his arrest in 22/2020, doesn't mean entire conspiracy is abandoned," Prasad argued.

He added "It continues, we have seen from chat on DPSG and otherwise that Khureji was targeted to be made as next Shaheen Bagh where specific chats have come to say that Khureji has the potential to be the next Shaheen Bagh and testing for that has been done."

"When there is specific instance which demonstrates his involvement in larger conspiracy. Then he can be involved in larger conspiracy and also speeches. The two things will go separately."

He argued that the defence cannot claim that merely because Imam was charged in FIR 22/2020, he cannot be charged in FIR 59/2020 which deals with the larger conspiracy in committing riots.

The FIR contains stringent charges including Sections 13, 16, 17, 18 of the UAPA, Sections 25 and 27 of the Arms Act and Section 3 and 4 of the Prevention of Damage to Public Property Act,1984. He is also charged of various offences mentioned under the Indian Penal Code, 1860.

In September 2020, main chargesheet was filed against Pinjara Tod members and JNU students Devangana Kalita and Natasha Narwal, Jamia Millia Islamia student Asif Iqbal Tanha and student activist Gulfisha Fatima.

Others who were charge-sheeted included former Congress Councilor Ishrat Jahan, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, suspended AAP Councilor Tahir Hussain, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik, Mohd Salim Khan and Athar Khan.

Thereafter, a supplementary chargesheet was filed in November against former JNU student leader Umar Khalid and Sharjeel Imam in a case related to the alleged larger conspiracy in the communal violence in northeast Delhi in February.