Thread by @LawBeatInd

#DelhiCourt to hear bail plea of Sharjeel Imam in relation to the alleged inflammatory speeches made during the protests against #CAA and #NRC at two universities.

#Sharjeelimam

Hearing begins

Adv Tanveer Ahmed Mir appearing for Sharjeel begins his arguements.

The speech conveys is that you go for chakka jam so that people are not able to cross over. Fundamentally the right to protest and blockade cannot be equal to sedition.

#sharjeel #UAPA

Mir- I would like to put forth Some judicial precedents which can assist this court to come to a conclusion whether the petitioner is entitled to bail.

#Sharjeel #UAPA #DelhiCourt

Mir-The first judgement is GurJatinder Pal Singh vs State of Punjab.

The first allegation is that he has called for sedition by asking northeast to be taken away from India.

#Sharjeel #UAPA

Mir reads the facts in the referred case.

#Sharjeel #UAPA #DelhiCourt

Mir-The admitted speech of the petitioner is delineated to suit the prosecution and mislead this Court, I don’t need to time and again reiterate that the protests against #CAA and #NRC is not seditious.

#Sharjeel #UAPA #DelhiCourt

Mir- “He cannot be hammered by the prosecution”.
On the concept of #NRC and #CAA the supreme Court admitted various petitions. Had it been seditious the Supreme Court would not have admitted such petitions.

#Sharjeel #UAPA #DelhiCourt

Mir refers to Art 19 (1) (a) and restrictions imposed by law.

#Sharjeel #UAPA #DelhiCourt

Mir points out that “a citizen has a right to say or write whatever he likes about the Government or its measures by way of criticism or comment so long as he does not incite people to violence against the govt established by law or with intention of creating public disorder”.

Mir-“the provisions of the sections read as a whole along with the explanations make it reasonably clear that the sections aim at rendering penal only such activities as would be intended or have a tendency to create disorder or disturbance of public peace by resort to violence

Mir refers to another judgement of Supreme Court in Anup Bhuyan vs state of Assam.

#Sharjeel #UAPA #DelhiCourt

Mir reads para 5 of the judgement

Mir- He is not a member of any banned organisation. He is not states to be a member of terrorist gang on the chargesheet. He is only a student.

#Sharjeel #UAPA #Delhicourt

Mir- we have to look at the society also. If in a society where criticism dies, a society will also die.

#Sharjeel #UAPA #DelhiCourt

Mir- The next judgement is a division bench judgement form Kerala HC UOI vs Shameer and Ors.

Mir Reads para 38 of the judgement.

Mir reads para 39

Mir- Taking into consideration in this judgement the appeal filed by state was dismissed.

#Sharjeel #UAPA #Delhicourt

Mir reads a judgement in bail application.

Para 50 being referred.

Mir- The adjudicating authority cannot ignore the constitutional mandate which says that you can book a person only in accordance with law.

Mir continue reading para 50.

Mir refers to State of Kerala vs Raneef.

What happened to Raneef should not happen to Sharjeel.

He gave up IIT, Bombay to learn history. On content, tenor the speech of Sharjeel is not seditious. He should be discharged on bail.

#Sharjeel #UAPA #DelhiCourt

ASJ Amitabh Rawat- Does it make a difference if a speech is delivered in public, or a conference room. Does these nitty gritties work in case of speech.

#Sharjeel #UAPA #Delhicourt

Mir- If a person will make a speech in a closed room and let it in public which calls for violence will indite the sections. But the question is whether he calls for violence .
But disagreement with government policies does not involve violence.

#Sharjeel #UAPA #DelhiCourt

ASJ Rawat-Does it make a difference depending what kind of listeners are there?

Mir-It wouldn’t mylord

ASJ Rawat- When you referred to constitutionality are you talking about constitutional morality.

Mir-We have to see where the speech is made.

#Sharjeel #UAPA

Mir reads a judgement

Sharjeel imam’s view is not hostile. He says that govt has a plan to play trick, he is just a scholar not a politician. He says that in order to eliminate inequality what has to be done. His speeches have to be read cumulatively.

#Sharjeel #UAPA #DelhiCourt

Mir-His speech does not call for violence. He says you have to block the road he does not say that northeast should be separated from India. Here Sharjeel is talking to students. What society will be a society which is not robust.

#Sharjeel #UAPA

This chap has been lambasted with multiple FIRs. The first one was in Assam.

#Sharjeel #UAPA #DelhiCourt

Spl PP Amit Prasad seeks a weeks time to counter bail application of Sharjeel Imam.

Prasad-Whether 13 UAPA and sedition is satisfied or not, will have to be argued.

#Sharjeel #UAPA #DelhiCourt

Matter to be heard on September 1.

Sharjeel Imam appears on screen . Marks attendance

#Sharjeel #UAPA #DelhiCourt