No proof to link Sharjeel's speech to riots, rules court but denies bail

New Delhi: A Delhi court on Friday ruled that evidence linking a speech given by JNU student leader Sharjeel Imam to rioting that took place in Jamia Nagar in December 2019 was "scant and sketchy", noting that the Delhi Police's theory had left gaping holes that could only be filled with 'conjectures'.

However, despite this, the court of Additional Sessions Judge Anuj Agrawal, in the same order, denied bail to Sharjeel in the sedition case — noting that a plain reading of the contents of the speech showed that it was "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, denying the anti-CAA activist bail in the case.

Although before denying him bail, quoting English poet John Milton and Spiritual leader Swami Vivekananda, the court meticulously dismantles the entire case built by the Delhi Police and the prosecuting lawyers so far.

Sharjeel on December 13, 2019, had allegedly delivered a provocative speech, which, according to the police, resulted in riots two days later when a mob consisting of over 3,000 people attacked police personnel and torched several vehicles in the Jamia Nagar area in south Delhi.

Additional Sessions Judge Anuj Agrawal, however, disagreed — noting that there was no evidence to link the December violence to Sharjeel's speech. The court noted that there were no eye-witnesses linking his speech to the people who took part in the violence and that neither was there any material suggesting the violence took place after being instigated by Sharjeel's speech.

"Once the legally impermissible foundation of imaginative thinking and disclosure statement of accused/co-accused is removed, the prosecution version on this count appears to be crumbling like a house of cards," the court said, adding that when asked, the Special Public Prosecutor also conceded that they had nothing to show that the people who committed the violence and Sharjeel were linked on any common communication platform.

The court said that the essential link between the speech dated and the subsequent acts is conspicuously missing.

But denying Sharjeel bail, the court said, "It is no gainsaying that the fundamental right of freedom of speech and expression cannot be exercised at the cost of communal peace and harmony of the society."

Quoting British poet and intellect, John Milton, as saying, give me the liberty to know, to argue freely, and to utter according to conscience, above all liberties. The judge also quoted spiritual leader Swami Vivekanand in the bail order as saying, "We are what our thoughts have made us; so take care about what you think; Words are secondary; Thoughts live; they travel far."

Sharjeel, through his counsel Ahmad Ibrahim, said he is a peace-loving citizen and never participated in violence during any protest. He argued that no speech, much less the speech dated December 13, was aimed at spreading any disaffection against the government established by law or inciting violence or ill-will against any community.

Besides this case, Sharjeel is also accused in the "main conspiracy" UAPA case related to the Delhi riots last year.