2019 Jamia violence: Court orders framing charges against Sharjeel Imam
New Delhi, Mar 10 (PTI): A Delhi court has said activist Sharjeel Imam was not only an instigator but also one of the "kingpins of a larger conspiracy to incite violence" and ordered framing of charges against in the 2019 Jamia violence case.
Additional sessions judge Vishal Singh observed that Imam's speech of December 13 near Jamia University was a "venomous", "pitted one religion against another" and was "indeed a hate speech".
The court was hearing the case against Iman and others against whom the New Friends Colony Police had registered an FIR under various provisions of the IPC, Prevention of Damage to Public Property Act (PDPP) and Arms Act.
Delhi Police's Crime Branch is investigating the matter.
In an order dated March 7, the court said, "Evidently, the assembling of a huge mob and the mass scale rioting committed by it was not a random or spontaneous happening and could not have been committed except in pursuance of a larger conspiracy entered into between the self proclaimed leaders and initiaters of the mob activity, whereas, other members of the mob/unlawful assembly kept joining in."
It noted the prosecution’s argument that Imam gave a speech on December 13, 2019, provoking his audience by saying that despite having significant Muslim population in different states of northern India, why were they allowing the cities to function normally and why were they not causing chakka jam (stoppage of public movement)?
The court said Imam being a senior PhD (doctor of philosophy) student "craftily clothed his speech" in which he avoided the mention of communities other than the Muslim community but the intended victims of the chakka jaam were members of other communities.
"Why, otherwise, accused Sharjeel Imam incited only the members of the Muslim religion to disrupt the normal functioning of the society?" the court asked.
It went on, "His speech was calculated to evoke anger and hatred, the natural consequence of which was commission of widespread violence by members of unlawful assembly on public roads. His speech was venomous and pitted one religion against another. It was, indeed, a hate speech."
The court said that there could be nothing peaceful about a chakka jaam.
"In a populous city like Delhi, at any given time scores of critically ill medical patients requiring urgent treatment are in a rush to reach hospitals. Chakka jaam can potentially lead to deterioration of their condition or even death if they do not receive medical care in time, which would be nothing short of culpable homicide," the court added.
Chakka jaam, the order said, essentially resulted in a violation of fundamental right to life and health of public and even if the mob did not indulge in violence and arson while enforcing the jaam, it would still be a violent act by one section of society against the other.
"Accused Sharjeel Imam was not only an instigator, he was also one of the kingpins of a larger conspiracy to incite violence," it said.
Iman has been ordered to be charged under IPC provisions, including abetment, criminal conspiracy, promoting enmity between groups, rioting, unlawful assembly, attempt to commit culpable homicide, obstructing public servant, causing mischief by fire or explosive substance and under PDPP provisions.
On the role of three other accused persons, the court said, "Accused Ashu Khan, Chandan Kumar and Aasif Iqbal Tanha committed abetment by prior conspiracy as well as by instigating violent mob activity at the spot, for which penal provision of Section 109 (abetment) of the IPC is justifiably invoked against them."
Section 109 deals with abetment of an offence and attracting the same punishment given to the offender.
The court ordered framing charges under various IPC and PDPP Act provisions against Anal Hussain, Anwar, Yunus and Jumman, saying it was established by a police witness and their mobile phone records that they were part of the riotous mob.
The case stems from 2019-2020 protests at Jamia Millia Islamia and Shaheen Bagh following passage of Citizenship Amendment Act in Parliament on December 11, 2019.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
