17 hours Ago
Former Jawaharlal Nehru University (JNU( scholar Sharjeel Imam was not only an instigator but also one of the “kingpins” of the larger conspiracy to incite violence during the anti-Citizenship Amendment Act (CAA) protests in Delhi in 2019, a city court has said, while ordering the framing of charges against the 37-year-old student leader. The court, in its March 7 order, described Imam’s speeches as “venomous,” aimed at pitting one religious community against another and inciting mass-scale disruption through unlawful means. Advocate Ibrahim Ahmed, Imam’s counsel, told HT that they will challenge the order.
Additional Sessions Judge Vishal Singh, presiding over the case at Saket Court, observed that Imam systematically orchestrated inflammatory speeches across multiple locations, including Munirka, Nizamuddin, Shaheen Bagh and Jamia Nagar, in December 2019. These speeches, the court added, were intended to provoke the Muslim community against the government’s implementation of the CAA and National Register of Citizens (NRC). Rejecting Imam’s defense that he neither participated in nor directly incited the rioters, the court ruled that his speeches were crafted to “evoke anger and hatred,” which naturally led to violence.
“His speech was venomous and pitted one religion against another. It was, indeed, a hate speech,” the court remarked. Furthermore, the court dismissed the argument that Imam’s speech did not explicitly mention other communities.
“Being a senior PhD student, accused Sharjeel Imam craftily clothed his speech, avoiding direct references to other communities, but the intended victims of the ‘chakka jam’ were members of communities other than the Muslim community,” the court observed. Imam was arrested in January 2020 for his alleged role in fanning communal tensions during the anti-CAA protests. He has repeatedly denied the allegations, saying it was based on edited video clips.
Along with Imam, the court also ordered the framing of charges against 10 others, including student leader Asif Iqbal Tanha, under IPC sections related to criminal conspiracy and rioting. However, it discharged 14 others, citing a lack of evidence, as no witnesses or CCTV footage placed them at the scene. The framing of charges is an important point in what is one of India’s most high-profile cases because the court has formally outlined the specific charges against Imam and the others, based on prima-facie evidence and submissions.
In its order, the court observed that a ‘chakka jam’ cannot be considered peaceful in a populous city like Delhi, where it can obstruct critically ill patients from reaching hospitals, leading to life-threatening consequences. “Even if the mob does not indulge in violence or arson while enforcing a chakka jam, it would still be a violent act by one section of society against another,” the court held. Imam was charged under multiple sections of the Indian Penal Code (IPC), including Section 109 (abetment of an offence), Section 120B (criminal conspiracy), Section 153A (promoting enmity between different groups on religious grounds), Sections 143, 147, 148, 149 (unlawful assembly and rioting), Sections 186, 353, 332, 333, 308, 427, 435, 323, 341 (various charges related to assault, obstruction of public servants, grievous hurt, and damage to property) and Sections 3/4 of the Prevention of Damage to Public Property Act.
The court highlighted Imam’s visit to Aligarh Muslim University (AMU) on December 11, 2019, where he allegedly incited students to act against the government. On December 13, he was present in Jamia Nagar, where he met students and local residents, allegedly instigating them to block public roads in protest against CAA and NRC. The court observed that this instigation directly led to the gathering of a mob outside Jamia Millia Islamia, which later engaged in rioting.
On the same day, Imam allegedly addressed a gathering outside Gate No. 7 of Jamia University, delivering a 10-minute speech in which he labeled CAA and NRC as anti-Muslim laws and called for a ‘chakka jam’ (road blockade). The speech was recorded and disseminated on social media groups catering to Muslim students and activists.
The court suggested that his calculated words had the direct consequence of inciting violence. According to the prosecution, Imam visited Shaheen Bagh on December 15, 2019, where he, along with local leaders, gave another speech against the government. That same day, violent protests broke out in southeast Delhi, particularly in New Friends Colony, where a mob vandalised over 40 vehicles, including Delhi Transport Corporation (DTC) buses and government property.
Police officers were pelted with stones, with one inspector sustaining grievous injuries. Advocate Ibrahim Ahmed, Imam’s counsel, told HT that he will soon challenge the order. “The order does not delve on the aspect whether Sharjeel directly instigated the mob.
..a co-accused in the supplementary chargesheet in the case claimed that he was influenced from one of Sharjeel’s speech so that is all the evidence against him.
..we will be challenging the order”.
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