Evidence That Sharjeel Imam Instigated A Mob “Scanty And Sketchy”, Says Delhi Court, But Denies Him Bail

A Delhi Court once again denied bail to Jawaharlal Nehru University (JNU) student and activist Sharjeel Imam, in a case related to his alleged inflammatory and instigating speeches made during the protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) even though the court observed that evidence against Imam that his speech instigated the mob to riot and attack the police, was “scanty and sketchy”.

“Neither any eye witness has been cited by prosecution nor there is any other evidence on record to suggest that co-accused got instigated and committed the alleged act of rioting etc upon hearing the speech of applicant/accused Sharjeel Imam”, the Court said.

It added, “the theory as propounded by investigating agency leaves gaping holes which leaves an incomplete picture unless the gaps are filled by resorting to surmises and conjectures or by essentially relying upon the disclosure statement of applicant/accused Sharjeel Iman and co-accused”.

However, Delhi’s Saket Court Additional Sessions Judge Anuj Aggarwal while dismissing the bail observed that “a cursory and plain reading of the speech dated December 13, 2019, reveals that same is clearly on communal/divisive lines. In my view, the tone and tenor of the incendiary speech tend to have a debilitating effect upon public tranquillity, peace and harmony of the society.”

“Considering the contents of speech which tend to have a debilitating effect on the communal peace and harmony, I am not inclined to grant bail to the applicant/accused Sharjeel Imam at this stage. The accused cannot claim any parity with co-accused as his role is entirely different from other co-accused. Accordingly, the instant application moved on behalf of accused Sharjeel Imam for grant of regular bail stands dismissed,” ASJ Anuj Aggarwal said.

Muzammil Imam, Sharjeel Imam’s brother while speaking to The Cognate said, “Neither there is any evidence, nor the prosecution is being able to prove its claims so far, but still my brother remains in jail”.

“Indian Courts should keep revisiting this quote of William E. Gladstone that Justice delayed is justice denied”, he added.