'Is criticising govt policy, narrative now sedition?'

New Delhi: Former JNU PhD scholar Sharjeel Imam has now asked a Delhi court whether the speeches he delivered in Aligarh Muslim University and in Jamia during last year's anti-CAA protest movement can at all be termed as sedition — if they are trying to merely "criticise the government policy or political narrative".

Sharjeel made these arguments before a Delhi court presided by Additional Sessions Judge Amitabh Rawat for bail in FIR 22/20, which attracts Section 124A (Sedition), among other IPC sections, for the abovementioned speeches.

In addition to this case, Sharjeel is also under judicial custody with regard to his role in the alleged "larger conspiracy" behind the Delhi riots, which attracts the stringent UAPA.

Advocate Tanveer Ahmed, on behalf of Sharjeel, argued that sedition cannot be invoked against his client as there was nothing communal or violent in his speeches and that they were simply opposing certain government policies.

"Where is the call of violence? How does sedition come into play?...Somebody is trying to criticise the Constitution as it is not sedition….somebody is trying to criticise the government policy or political narrative, can only be booked under sedition for oblique motives and nothing else. That is what is apparent on the face of it," Ahmed submitted.

The counsel told the court that he believed that being a student of modern history, "he is fully enabled to express his views as a citizen of this country as to whether a positive discrimination or affirmative action is per se discriminatory or not".

He argued that the prosecution has not taken the full context and background of the speech into consideration and has only cut and pasted certain excerpts from the speech in the FIR.

Sharjeel's lawyer added that his speeches had nowhere called for secession from the country and had only called for blocking roads or carrying out chakka jam.

Advocate Ahmed submitted that the speeches only called for people to come together and carry out a civil rights movement.

Meanwhile, ASJ Rawat asked, "You're saying that he gave inflammatory speeches against the government. Is it only against the government?" The court also asked as to how can four cases be registered against Sharjeel on the basis of the same speeches. The matter will now be heard next on August 2.

Meanwhile, Sharjeel has also moved a bail plea under the UAPA case, which will be heard on August 6.