Jamia violence: Delhi HC refuses to expunge trial court’s remarks

The Delhi High Court on Monday (February 13) refused to expunge the remarks of the trial court which discharged student activists Sharjeel Imam and 10 others in the 2019 Jamia Nagar violence case. The court, however, told Delhi Police that the remarks of the trial court will have no impact on the investigation.

“I am only going to say that the observations against the police will not affect the investigation. I will not expunge them,” the bench of Justice Swarna Kanta Sharma said.

Also read: Jamia violence case: Sharjeel Imam, Asif Iqbal Tanha cleared of charges

The court was hearing the Delhi Police petition against the lower court’s order to discharge Sharjeel and 10 others in the Jamia violence case.

The court also sought the stand of Sharjeel, Asif Iqbal Tanha and others on the city police’s challenge to the trial court order.

Justice Sharma also issued notice to Imam and others on the plea by the Delhi Police.

The court posted the next hearing on March 16.

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

The FIR was lodged in connection with the violence that erupted after a clash between police and people protesting against the Citizenship (Amendment) Act (CAA) in the Jamia Nagar area in December 2019. The police, in its petition, has said the trial court’s order is in the teeth of well-settled principles of law, suffers from grave infirmities which go to the root of the matter and is perverse in the eyes of the law.

The police plea said the trial court has not only discharged the accused persons but was also swayed by “emotional” and “sentimental feelings” and has cast aspersions on the prosecuting agency and passed “gravely prejudicial” and “adverse” remarks against the prosecuting agency and the investigation Sharjeel was accused of instigating the riots by delivering a provocative speech at the Jamia Milia University on December 13, 2019.

He will continue to remain in jail as he is an accused in the larger conspiracy case of the 2020 northeast Delhi riots. In its order, the trial court had said there were admittedly scores of protesters at the site and some anti-social elements within the crowd could have created an environment of disruption and havoc.

Also read: JNU scholar Sharjeel Imam charged with sedition for Jamia violence

While discharging the 11 accused, the trial court had ordered framing of charges against one of the accused, Mohammad Ilyas. The Jamia Nagar police station had filed the charge-sheet against Imam, Tanha, Safoora Zargar, Mohammad Qasim, Mahmood Anwar, Shahzar Raza Khan, Mohammad Abuzar, Mohammad Shoaib, Umair Ahmad, Bilal Nadeem, Chanda Yadav and Mohammad Ilyas.

The charge-sheet was filed under various sections of the IPC, including 148 (rioting, armed with a deadly weapon), 186 (obstructing public servant in discharge of public functions), 353 (assault or criminal force to deter public servant from discharge of his duty), 308 (attempt to commit culpable homicide), 435 (mischief by fire or explosive substance with intent to cause damage), 323 (voluntarily causing hurt), 341 (wrongful restraint) and 120B (criminal conspiracy). The charge sheet also included provisions of the Prevention of Damage to Public Property Act.

Also read: JNU student leader booked for sedition after speech on AMU campus

(With inputs from agencies)