Thread by @barandbench

JNU student Sharjeel Imam's counsel Tanveer Ahmed Mir seeks bail for him in a #Sedition case: No part of speech, called for any kind of violence to be initiated. Nothing on record that could be said to have incited violence. #DelhiRiots

Mir: Fundamental right to protest, chakka jam, bring country to standstill.. cannot be act of #Sedition

Mir relies on a Supreme Court judgment to deal with the "highest allegation" against Imam regarding his purported statement that 'northeast should be separated from India' #DelhiRiots

Mir now reads contents of the SC judgment.

Mir: Protests for #CAA, #NRC in a democracy like India by any stretch of imagination cannot be called seditious. #DelhiRiots

Mir: Sharjeel persuading govt to take back the law through his protests cannot be seditious.

Sharjeel Imam's counsel Tanveer Ahmed Mir refers to CJI N V Ramana as saying in a hearing related to Sedition law 'whether we still need this law' #DelhiRiots #Sedition

Mir: Sharjeel Imam is not a member of any banned organisation. He is not a part of any terrorist organisation. Only a student. Just because he seeks to criticise the policy of government, which per se is Unconstitutional, he and others were termed 'bigoted'.

Mir: We are proud of our unity and not majoritarianism.

Mir: Critical elements in a society are necessary. If criticism dies, society will die. Ultimately the flag to uphold Constitution; to uphold justice in a democracy, lies in your honours hands. #DelhiRiots #SharjeelImam

Mir refers to SC judgment: Probe authority can't abdicate their moral, legal responsibilities in following the Constitutional mandates. You will book and prosecute only if that booking is justified. Constitution is highest law of the land.

Sharjeel Imam can be put to terms. He can give an undertaking that he will act inside the four corners of law, argues Mir if his client is granted bail.

Mir: If we look at his speeches, Sharjeel Imam said 'Humlogo ko pathar nahi maarne, humlogo ko chot nahi pahuchani.. humlogon ko kewal road block karna taaki government jo nahi maan rahi hai wo maanne ko tayiyar ho jaye.'...

....'We don't have to resort to stone-pelting; not hurt anyone; we only have to block roads so that the government listens to what it is not listening to'

Mir responding to Court's query: Whether a person will make a speech inside a room or outside calling for violence or incites people to violence, certainly would lead to indictment.

Court: But does that make any difference. What kind of listeners are there, where it is an intellectual debate. Or it's a rally where there is only speaker.

Mir: It wouldn't because some people may be interested, some people may not be.

Court: In speech there's reference to govt of the day; directive principles, strong criticism of Gandhiji, other political parties. Does it matter? If U are speaking and crowd is not that intellectually strong. Context is important, tone is important, is audience also important?

Mir: It has to be seen if speech if of people brazenly… like people brandishing swords, or students for debates on constitutionality. Everybody has right to subject constitutionality to criticism or support.

Adv Tanveer Ahemd Mir: What society will be a society which is not robust. Which will not react. We cannot be sheep following a diktat. #DelhiRiots #Sedition #SharjeelImam

Special Public Prosecutor Amit Prasad: My submission would be two-fold. Whether sedition is made out or not. We can argue on bail and make arguments on charge together because gist remains the same. We can have it anytime next week.
Mir: I have no objection. We can go with that.

SPP: Whether 13 UAPA and Sedition are made out or not. I will try to satisfy the Court.

Court: I have a bunch of questions after prosecution concludes its arguments; posts hearing on September 1 and 2. #DelhiRiots #SharjeelImam #Bail

[Delhi Riots] If criticism dies, society will die: Sharjeel Imam seeks bail in sedition case

report by @thereal_aamirk

#DelhiRiots #SharjeelImam

Read story: bityl.co/8LSA