The Delhi Police Wednesday told the Delhi High Court that JNU student Sharjeel Imam, arrested in a sedition case, was seen allegedly instigating a particular religious section of the community against the government by creating unfounded fears in their minds regarding the Citizenship Amendment Act (CAA) and the process of National Register of Citizens (NRC). The submission was made by the police in its response filed while opposing the bail plea of Imam, who was arrested for allegedly delivering an inflammatory speech and inciting violence during the CAA-NRC protests in 2019.
The police contended that Imam’s speech was clearly on community lines, which was addressed to the Muslims in a particular manner, and that he also misled the students by mentioning fake detention camps. Keeping in view of the facts, prevailing circumstances and sensitivity of the case it is requested that accused may evade the process of law and jump, accused may threaten the public witnesses, accused may indulge in such crime again if granted bail, bail application of the present applicant/ accused is strongly opposed, the reply, filed by the Assistant Commissioner of Police, Inter-State Cell Crime Branch, said.
The matter came up for hearing before Justice Rajnish Bhatnagar who listed the matter for further proceedings on March 10. The police said that Imam’s alleged provocative speech on December 13, 2019, in the New Friends Colony area, revealed that the speaker by way of misinformation is inciting the gathering to revolt against the government of the day by exhorting the general public to block the ingress and egress to 500 cities in India, which have substantial Muslim population. The statement is also promoting enmity between different groups of society on religious grounds. The speech if acted upon can have real and devastating effects on people’s life and risks their health and safety. It is harmful and divisive for communities and hampers social harmony, the response said.
The police also said that Imam was seen instigating a particular religious section of community against the government of the day by creating unfounded fears in their minds regarding CAA and the process of NRC, which is yet to be implemented in any manner through the country barring Assam. Further, he by way of his speeches was also spreading falsehood about genocide in Assam. He through his speeches was instigating a particular religious section of the society to disrupt/block the access to the north-east region of India from central India at chicken neck’, it said.
Imam has sought bail in the case registered against him for his alleged instigating speeches that had allegedly led to the violence in Jamia Milia Islamia on December 15, 2019, during the anti-CAA protests. Imam has challenged the trial court’s October 22, 2021 order by which his bail plea was dismissed.
Imam, 32, submitted that all the co-accused, who were arrested for allegedly causing the violence, have been granted bail in the case while he was still incarcerated for over 20 months now. It said Imam has not been named in the FIR and has no connection to any of the events mentioned in the FIR and alleged that he had been arrested by the investigating agency as part of a targeted campaign to have multiple FIRs and investigations against him at the same time.
The trial court had denied him bail saying free speech cannot be exercised at the cost of communal peace and harmony. According to the prosecution, on December 13, 2019, Imam had allegedly delivered a provocative speech that resulted in riots two days later when a mob consisting of over 3,000 people attacked police personnel and torched several vehicles in the Jamia Nagar area in south Delhi.
The trial court had said that the evidence in support of the allegations that the rioters got instigated by Imam’s speech and thereafter indulged in the acts of rioting, mischief, attacking the police party, was scanty and sketchy. It had said however that a cursory and plain reading of the speech showed it was clearly on communal lines. The tone and tenor of the incendiary speech tend to have a debilitating effect upon public tranquillity, peace, and harmony of the society, the trial court had said, adding that it is no gainsaying that fundamental right of freedom of speech and expression’ cannot be exercised at the cost of communal peace and harmony of the society.
Delhi Police had claimed that Imam instigated a particular religious community against the Central Government by creating unfounded fears in their minds regarding the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC). Besides this case, Imam is also accused of being the “mastermind” of the February 2020 riots, which had left 53 people dead and over 700 injured. He has been booked under the stringent Unlawful Activities (Prevention) Act (UAPA).
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