Delhi HC seeks stand of Sharjeel Imam, others on police challenge to discharge

The Delhi High Court on Monday sought the stand of student activists Sharjeel Imam Asif Iqbal Tanha and others on the city polices challenge to a trial court order discharging them in a 2019 Jamia Nagar violence caseJustice Swarana Kanta Sharma issued notice to Imam and others on the plea by the Delhi Police and clarified that the observations of the lower court would not affect further investigation in the matter or trialThe trial court had in its February 4 order discharged 11 people including Imam and Tanha while holding that they were made scapegoats by police and that dissent has to be encouraged not stifledThe 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 here in December 2019The police in its petition has said the trial courts 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 lawThe 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 investigationAlso Read Necessary to listen to people not crush their rights under bulldozer PriyankaImam 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 riotsIn its order the trial court had said there were admittedly scores of protesters at the site and some antisocial elements within the crowd could have created an environment of disruption and havocWhile discharging the 11 accused the trial court had ordered framing of charges against one of the accused Mohammad IlyasThe 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 IlyasThe 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 conspiracyThe charge sheet also included provisions of the Prevention of Damage to Public Property ActThe matter would be heard next on March 16This story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever