Team News Riveting
New Delhi, October 22
A Delhi court on Friday denied bail to Jawaharlal Nehru University (JNU) student Sharjeel Imam in the sedition case registered against him in connection with his December 2019 speech made during the protests against the Citizenship Amendment Act (CAA).
Imam, who is also facing cases related to northeast Delhi violence of February 2020, was accused of giving provocative speeches on December 13, 15 in 2019 and January 16, 2020 that provoked for riots at several places. The present case dealt with speech on December 13, 2019 where he was alleged to have been seen instigating a particular religious community against the government by creating unfounded fears in their minds regarding Citizenship Amendment Bill (at the relevant time) and National Register of Citizens.
He was accordingly chargesheeted under section 124A (sedition) and 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) of the Indian Penal Code. Imam is currently in jail.
Additional Sessions Judge Anuj Agarwal said that the speech delivered by Imam at Jamia Milia University on December 13, 2019 was clearly on communal/divisive lines and could affect peace and harmony in the society.
“A cursory and plain reading of the speech dated 13.12.2019 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 tranquility, peace and harmony of the society,” the Court said.
The fundamental right of free speech and expression is placed at a high pedestal by our Constitution, but it cannot be cannot be exercised at the cost of communal peace and harmony of the society, the Court underscored while denying him bail.
After examining the relevant portion of his alleged speech, the Court noted that the fundamental right of ‘freedom of speech and expression’ as enshrined under Article 19 has been placed upon a very high pedestal in constitution of this country.
