Jamia Violence Case: Delhi HC Partially Overturns Trial Court Order that Discharged Sharjeel Imam, Other Accused

Delhi High Court on Tuesday partially overturned the trial court order and charged nine out of 11 accused including Safoora Zargar, Sharjeel Imam under sections related to rioting, unlawful assembly, obstructing public servants and other sections.

The other accused Mohd Qasim, Mahmood Anwar, Shazar Raza, Umair Ahmed, Mohd Bilal Nadeem, Sharjeel Imam, Safoora Zargar and Chanda Yadav have been charged under different sections related to riots.

“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,” a Bar & Bench report quoted Justice Swarana Kanta Sharma as saying. “The right to peaceful assembly is subject to restriction and damage to property and peace is not protected,” she further added.

The Jamia violence case pertains to an incident that took place in and around the Jamia Millia Islamia University in Delhi in December 2019. Some students and locals had announced that they would walk towards the Parliament to protest against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC).

The protests soon took a violent turn, and as the police used force to stop the students, they allegedly entered the University. In total, Delhi Police made 12 people accused in the case. Several sections of the Indian Penal Code (IPC) including rioting and unlawful assembly were invoked against them. The detailed judgment is awaited.

The trial court had in its February 4 order discharged 11 people from the case while holding that they were made “scapegoats” by police and that dissent has to be encouraged, not stifled.

While discharging the 11 accused, the trial court had ordered framing of charges against another accused, Mohammad Ilyas.

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