Charges framed by court against Sharjeel Imam for allegedly instigating 2019 riots

New Delhi: A Delhi court charged activist Sharjeel Imam with orchestrating violent riots in Jamia Nagar on December 15, 2019, amid protests against the Citizenship Amendment Act (CAA).

Additional Sessions Judge Vishal Singh at Saket Court ruled that Imam was the "kingpin" behind the widespread arson, rioting, and violence.

The court found that Imam's speeches were not only provocative but "venomous," intended to inflame communal tensions and mobilise the masses towards confrontation. Imam's speeches were delivered with "precision and intent" to stoke unrest, which inevitably resulted in a violent outburst.

“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 noted, TNIE reported.

It went on to say that Imam purposefully exploited the Muslim community's sentiments, inciting people to block roadways across various states, fully aware that such an action would cripple public life. The judge flatly dismissed Imam's claim that he only pushed for peaceful protests. The court ruled that in a heavily populated city like Delhi, where ambulances and emergency services rely on regular traffic flow, a large-scale chakka jaam (road blockade) was nothing but criminal negligence.

"Blocking roads en masse in a city where medical emergencies are routine can directly endanger lives. If any patient in distress were to succumb due to delayed medical care, such an act would amount to nothing less than culpable homicide," the court stated.

Aside from Imam, the court charged Ashu Khan, Chandan Kumar, and Aasif Iqbal Tanha with leading violent mobs, citing mobile location data and media interviews as important evidence. The court rejected arguments that the riots were spontaneous, emphasising that the violence was carefully planned and carried out as part of a larger conspiracy.

"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 initiators of the mob activity," the court ruled.

According to the prosecution, Imam actively gathered protesters, circulated inflammatory literature, and utilised social media to mobilise support for disruptive demonstrations.

His speeches at Aligarh Muslim University on December 11, 2019, and Jamia Millia Islamia on December 13, 2019, were interpreted as deliberate attempts to incite widespread disturbance.

The court found that Imam instilled fear in the Muslim community by falsely alleging that thousands of Muslims were being imprisoned in government detention facilities, escalating anger.

"He provoked his audience by saying that despite having significant Muslim population in different states of North India, why were they allowing the cities to function normally and why were they not causing chakka jam (complete stoppage of public movement). He evoked a feeling of fear in the minds of the Muslim community by falsely creating the impression that thousands of Muslims were living in detention camps of the government," the court said.

Imam's defence team claimed that he was not physically present at the riots and that his comments did not explicitly incite violence. His lawyer also alleged double jeopardy, stating that similar allegations had already been filed against him under FIR No. 22/2020 for sedition and promoting enmity. However, the court rejected this argument, stating that his role in the Jamia violence was different and required new charges.

"An accused who openly invoked feelings of anger and hatred in the mind of the Muslim community and instigated them to cause mass-scale disruption in public life in multiple cities could not be heard arguing that the rioting committed by mob on public roads was not intended consequence of his speech," the judge stated.

The court, on the basis of the prosecution’s evidence, framed charges against Imam under Sections 109 IPC (abetment of an offence) 120B IPC (criminal conspiracy) 153A IPC (promoting enmity between groups) 143, 147, 148, 149 IPC (unlawful assembly, rioting, armed rioting) Sections 186, 353, 332, 333 IPC (obstructing public servants, assaulting police officers) 308, 427, 435, 323, 341 IPC (attempt to commit culpable homicide, mischief, arson) and Sections 3/4 of the Prevention of Damage to Public Property Activities.

However, sedition charges under Section 124A IPC were stayed, in accordance with the Supreme Court's instruction to halt all pending sedition cases until the constitutionality of the law is determined. While Imam and his co-accused will stand trial, the court discharged 15 others, saying that mobile location data alone was insufficient to prove their involvement in the riots.

"A mobile phone’s location is a weak and unreliable indicator of an individual's physical presence at a crime scene. It cannot, on its own, establish criminal liability," the court clarified.

With charges filed, Imam will stand trial for his alleged role as the primary instigator of the December 15, 2019, riots, marking a significant advance in the legal battle over the Jamia violence.