‘Dissent an extension of fundamental rights’: Delhi court

AMN / WEB DESK

Emphasizing the fact that “dissent was an extension of fundamental right to freedom of speech”, a Delhi court discharged JNU student Sharjeel Imam and 10 others in connection with the violence that broke out near Jamia Millia Islamia University in 2019, observing that the police managed to rope in the accused persons as “scapegoats”.

The Saket court on Saturday cleared Sharjeel Imam and other students activists of all charges in a case related to violence that erupted after a clash between Delhi Police and people protesting against the controversial Citizenship Amendment Act (CAA).

Additional Sessions Judge Arul Varma at Saket district court discharged Imam, student activists Asif Iqbal Tanha and Safoora Zargar, and eight others who were mainly students. One accused was charged in the case.

The judge said that “it would be pertinent to underscore that dissent is nothing but an extension of the invaluable fundamental right to Freedom of Speech and Expression contained in Article 19 of the Constitution of India, subject to the restrictions contained. It is therefore a right which we are sworn to uphold.”

Both Sharjeel Imam and Asif Iqbal Tanha were earlier granted bail in the matter. Sharjeel would, however, continue to be in jail under the stringent Unlawful Activities (Prevention) Act, or UAPA in the conspiracy case related to the February 2020 northeast Delhi riots.

Police had registered an FIR under various sections of the Indian Penal Code, including rioting, in connection with the communal violence that erupted after a clash between police and people protesting against the CAA.

As per the prosecution, Imam allegedly made speeches at Jamia Milia Islamia University on December 13, 2019 and at the Aligarh Muslim University on December 16, 2019, where he threatened to cut off Assam and other states in the Northeast from the rest of India.