Delhi riots 2020: HC refuses to stay trial court proceedings against Sharjeel Imam
New Delhi, Oct 31: Rejecting JNU student Sharjeel Imam's plea, the high court here on Monday said that the trial court order refusing to stay its proceedings in a 2020 Northeast Delhi riots case against him involving allegations of sedition was "fair".
Imam had sought his release for the time being on account of the Supreme Court keeping in abeyance Section 124A (Sedition) of IPC until the issue of its constitutionality is examined. He had also challenged the trial court order refusing to stay the ongoing proceedings in the case.
A Delhi High Court bench headed by Justice Mukta Gupta disposed of Imam's appeal for stay and requested the lower court to conclude on a "short date" the examination of the witnesses on which there is no dispute between the parties.
The court deferred till January Imam's plea seeking interim bail. He was arrested in January 2020 for allegedly making an inflammatory speech and then arrested in the riots case in August that year.
The court clarified that Imam, who is facing proceedings for his alleged inflammatory speeches, would be at liberty to further cross-examine the witness related to the UAPA sanction in case the trial under 124A IPC is allowed to proceed later.
Imam's counsel objected to the cross-examination at this stage, stating that offences under the UAPA and sedition have overlapping ingredients.
"The order of the trial court is fair enough as it says that as long as prejudice is not affected, let it (the trial) go on and the only issue is about the witness who gave the sanction," said the court.
It noted that besides sedition, the "joint trial" in the case involved the offences under Section 13 (Punishment for Unlawful Activities) of the Unlawful Activities Prevention Act (UAPA) as well as sections 153A (promoting enmity), l53B (Imputations prejudicial to national integration) and 505 (Statements conducing to public mischief) of IPC.
The bench, also comprising Justice Anish Dayal, said that the trial court had noted that out of 43 prosecution witnesses, 18 had already been examined.
Even though the trial with respect to sedition has been put in abeyance, adjudication in respect of other offences could proceed if the court concerned was of the opinion that there would be no prejudice to the accused and there was no total embargo on the continuation of trial, it said.
The court also noted that the accused as well as the prosecution agreed that in view of the direction of the apex court, certain other witnesses cannot be examined at this stage.
"Although the counsel for the appellant prays that cross-examination be deferred We are of the concerned view that the cross-examination (pertaining to UAPA sanction) be also conducted, however, subject to the liberty to the appellant to further cross-examine him in case trial under section 124A IPC is to proceed pursuant to the decision of the Supreme Court," the court said.
"However, (certain other) witnesses .be not examined by the special court till the decision of the Supreme Court. With these observations, appeal (against rejection of stay on trial) is disposed of," the court said.
"Both the parties have agreed that some of the witnesses can be examined and the next date for the examination of said witnesses is November 29.
"We request the trial court to examine the above-noted witnesses on which there is no dispute between the parties with an endeavour to conclude the examination of witness on the next date or any other short date as convenient," it added.
Advocate Tanveer Ahmed Mir, appearing for the accused, submitted that Imam has been in custody for nearly three years now.
Special Public Prosecutor Amit Prasad appeared for the prosecution.
On May 11, the Supreme Court stayed till further orders any registration of FIRs, probes, and the coercive measures for the offence of sedition across the country by the Centre and the states until an appropriate forum of the government re-examines the colonial-era penal law.
As per the prosecution, Imam had allegedly made speeches at Jamia Millia Islamia on December 13, 2019, and at Aligarh Muslim University on December 16, 2019, where he threatened to cut off Assam and the rest of the Northeast from India.
In his plea before the high court, Imam said that the trial court has "failed to recognise" that pursuant to the directions of the top court, the basis for dismissal of his earlier bail plea i.e. the charge of sedition was obviated and therefore relief must be granted to him.
Earlier this year, the trial court had ordered for framing of charges against Imam under Sections 124A (sedition), 153A (promoting enmity), l53B (Imputations prejudicial to national integration), 505 (Statements conducing to public mischief) of IPC and Section 13 (Punishment for Unlawful Activities) of Unlawful Activities Prevention Act.
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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.
