Delhi High Court declines to stay proceedings against Sharjeel in Jamia violence case

New Delhi: Delhi High Court on Thursday declined to stay criminal proceedings in the 2019 Jamia violence case, in which a trial court ordered the framing of charges against activist Sharjeel Imam.
Justice Sanjeev Narula also issued notice and sought a response from Delhi Police on Imam's plea challenging the trial court's March 7 order to frame charges against him in the case. "I am not staying any order right now. You (police) file the reply and we will hear the matter," the judge said, posting the matter for April 24.
Imam challenged the trial court's March 7 order, which stated he was not only an instigator but also one of the "kingpins of a larger conspiracy to incite violence" and ordered the framing of charges against him.
In his plea, Imam argued that the order "was passed without any due application of mind and appreciation of the evidence on record and is ex facie illegal... it fails to record any finding in regard to the essential ingredients of the offence of 153A (promoting enmity between groups) of IPC being met prima facie, contradicts its own findings, wrongly reads the speech in question".
The petition stated that the order ignored the most relevant parts and failed to record a single piece of evidence connecting the petitioner's speech dated Dec 13, 2019, to the violence that took place on Dec 15, 2019. It added that the order was "completely illegal" as charges were ordered to be framed mechanically in the absence of any admissible piece of evidence against him.
The trial court observed that Imam's speech near Jamia Millia Islamia was "venomous" and "pitted one religion against another", aside from being "indeed a hate speech". The court was hearing the case against Imam and others against whom a case was registered at New Friends Colony police station under IPC, Prevention of Damage to Public Property Act and Arms Act. Delhi Police's crime branch is investigating the matter.
The trial court also ordered the framing of charges under IPC and PDPP Act against Anal Hussain, Anwar, Yunus and Jumman, stating it was established by a police witness and their mobile phone records that they were part of the riotous mob.