Delhi High Court on Tuesday said acts of violence, breaching the peace, and damaging property were not protected under the right to free speech as it charged Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha, and eight others with rioting and unlawful assembly in the December 2019 Jamia violence case.
Justice Swarna Kanta Sharma said prima facie from the videos it appeared that Imam, Tanha, and others consciously chose to be part of an unlawful assembly and they were the first in the line of a mob where they were raising slogans like “Delhi Police murdabad” and violently pushing at barricades.
The detailed judgment is yet to come out.
The high court’s order came on a plea by Delhi Police challenging the February 4 sessions court order which had dismissed the case against Imam, Zargar, Tanha, and others. The sessions court had said Delhi Police had failed to apprehend those who had actually participated in the violent protests and Imam, Tanha was roped in this case as “scapegoats”.
Delhi Court had said evidence suggested that Imam, Tanha, and Zargar did not participate in the mayhem that broke out during the anti-CAA protests at Jamia Milia Islamia University in December 2019.