Jamia Violence Case: Delhi High Court Reverses Trial Court Order; Sharjeel Imam, 8 Others To Face Rioting Charges | India News

New Delhi: Partially over turning the trial courtroom order, the Delhi High Court on Tuesday charged Sharjeel Imam, Safoora Zargar and 7 different accused beneath sections associated to rioting, illegal meeting, obstructing the general public servant, damaging Properties and different sections. The High courtroom stated the accused had been a part of illegal meeting and elevating slogans and so they had damaged the primary line of barricade and turned violent. They assaulted the police personnel in the course of the protest, they climbed the barricades, the High courtroom stated. Justice Swarana Kanta Sharma on Tuesday whereas partially setting apart the order stated, ” While there is no denial of the right to freedom of expression, this Court remains aware of its duty and has tried to decide the issue in that way. Right to peaceful assembly is subject to restriction. Damage to property and peace is not protected.”

The excessive courtroom additionally stated there’s digital proof consisting of video clips through which a few of the accused are seen in a video clip. The excessive courtroom framed expenses in opposition to Sharjeel Imam, Safoora Zargar, Mohd Qasim, Mahmood Anwar, Shahzar Raza, Umair Ahmed, Mohd Bilal Nadeem and Chanda Yadav beneath Sections 143, 147, 149, 186, 353, 427 of the Indian Penal Code, in addition to sections of the Prevention of Damage to Public Properties Act.

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Accused Mohd Shoaib and Mohd Abuzar had been charged beneath Section 143 IPC, and discharged from all different offences, the High courtroom stated. Asif Iqbal Tanha has been discharged from Sections 308, 323, 341 and 435 IPC. He has been charged beneath different sections. Advocate Ahmad Ibrahim counsel for Sharjeel Imam stated that they are going to problem the order. Delhi Police had moved in opposition to the discharge of Sharjeel Imam, Asif Iqbal Tanha, Safoora Zargar and 8 others within the Jamia violence case of 2019. 

The trial courtroom had made some severe remarks whereas discharging the accused individuals on February 4. Trial courtroom document has been summoned in digitised type. The observations has not been expunged. The ASG showing for Delhi police had stated that the observations had been misconceived and can prejudice the additional investigation. The matter is listed on March 16. Additional Solicitor General Sanjay Jain argued that the observations made by the trial courtroom are misconceived and prejudicial to additional investigation. ASG submitted that there was an FIR and one essential cost sheet and three supplementary cost sheet. 

The third cost sheet was disregarded by the trial courtroom on the premise of reasoning which is misconceived in regulation. On the opposite hand, the counsel for Asif Iqbal Tanha argued that the supplementary cost sheet had been filed to fill the lacunae of the investigation. She additionally argued that there’s a distinction between the dissent and peaceable protest. The individuals named within the second cost sheet had been college students of Jamia Milia Islamia University. Therefore there presence was common there. 

It was submitted that the trial courtroom Order is null and void, non-est and within the enamel of properly settled rules of regulation. It was acknowledged that vide the stated Order, not solely has the Trial Court discharged the Respondents but additionally swayed by emotional and mawkish emotions, it castaspersions on the prosecuting company and handed gravely prejudicial and adversarial remarks in opposition to the prosecuting company and the investigation. 

The Trial Court whereas not contemplating and weighing the proof on document has proceeded to discharge the respondents on the stage of framing of expenses, the Trial Court erred in not solely holding a mini-trial at this stage but additionally recorded perverse findings that are opposite to the document to reach on the discovering {that a} case of discharge was made out in opposition to the Respondents. It is submitted {that a} naked perusal of the Impugned Order would reveal that Trial Court has proceeded to make observations on the deserves of the matter.

It can be submitted that on the stage of discharge, the Trial should have solely merely to sift the proof with a purpose to discover out whether or not or not there’s ample floor for continuing in opposition to the accused. In different phrases, the sufficiency of grounds would take inside its fold the character of the proof recorded by the police or the paperwork produced earlier than the courtroom which ex facie disclose thatthere are suspicious circumstances in opposition to the accused in order to border a cost in opposition to him, the petition acknowledged. 

It is additional submitted that whereas exercising its judicial thoughts to the information of the case with a purpose to decide whether or not a case for trial has been made out by the prosecution, the Trial Court ought to not enter into the professionals and cons of the matter or right into a weighing and balancing of proof and chances which is finished on the stage of trial. Delhi`s Saket courtroom on February 4, discharged Sharjeel Imam, Asif Iqbal Tanha, Safoora Zargar and different 8 accused in Jamia Milia Islamia University Violence case registered in 2019. 

However, the courtroom had directed to border expenses in opposition to Mohd. Iliyas alias Allen within the matter. The trial courtroom had made severe remarks within the case. The courtroom had stated that the accused had been made scapegoats within the matter. The courtroom had stated that police had no proof in opposition to the accused individuals. This case pertains to violence in Jamia and surrounding areas in December 2019. Violence was erupted after a conflict between individuals protesting in opposition to Citizenship Amendment Act (CAA) and police.

Sharjeel was granted bail in 2021.A case was registered at Jamia Nagar Police Station in reference to violence broke out on December 13, 2019. Delhi police had made 12 individuals accused within the case. Delhi police alleged offences of rioting and illegal meeting and Section 143, 147, 148, 149, 186, 353, 332, 333, 308, 427, 435, 323, 341, 120B and 34 of IPC had been invoked within the FIR.