Delhi HC reverses discharge of student activist in Jamia Nagar violence case

The Delhi High Court on Tuesday reversed the trial court's order discharging students activists Sharjeel Imam, Safoora Zargar and others in the Jamia Nagar violence case arising out of protest against the Citizenship Amendment Act, 2019.

"The acts of violence and violent speech that instigates violence and endangers rule of law, damage public property and peace are not protected under the Indian Constitution," it said.

Justice Swarana Kanta Sharma held that the protests organised at Delhi’s Jamia Millia Islamia was an unlawful assembly and the mob gathered at the spot with the intention to violate the law.

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"The video clips will reveal that an uncontrollable mob allegedly of students who had turned violent and had dandas in their hands, were pelting stones continuously, were pushing and pulling barricades, climbing barricades, were forcibly trying to go beyond the barricades," the bench said.

"The privilege of peaceful protest and protection guaranteed under Article 19 of Constitution would come to an end in case of persisting violence," it added.

The court pointed out beginning of pelting of stones, pushing, kicking and breaking of barricades, violent insistence on marching to a curfew bound area marked the beginning of the end for the peaceful protest for the group.

"The announcements made through loud-hailer indicate that it was not a peaceful assembly to attract protection under the Constitution,” the court said, adding the videos will prima facie reveal that the level of opposition which was encountered by the law and enforcing agency was probably not expected by them.

The court said the argument that the protest was peaceful and is not covered under Section 141 IPC is a claim belied by the video clips and statements of the witnesses.

"The modern technology as in the present case has helped to bring evidence on record, prima facie to
believe that there is strong suspicion against respondents-accused regarding commission of offences," the judge wrote in its 90- page judgement on appeal filed by the Delhi police against the trial court's order of February 4, 2023.

The court charged the accused under Sections 143 (unlawful assembly), 147 (rioting), 149 (every member of unlawful assembly guilty of offence commit¬ted in prosecution of common object), 186 (obstructing public servant), 353 (assault or criminal force to deter public servant), 427 (mischief) of the Indian Penal Code, as well as Section 3 of the Prevention of Damage to Public Properties Act.

The court also expunged the remarks of the trial court accusing the Delhi Police of making Imam and others a "scapegoat".

The HC also said that the trial court's remarks regarding dissent at the stage of charge should have been avoided.

"At this stage it would not have been clear whether it was the peaceful dissent," the bench said.