SPP: You have a grievance with a particular legislation you are well within your rights to raise it, but you have no right to threaten, beat up policemen, cause destruction.
SPP refers to charges, says there is the same pattern observed across places.
Adv Tanveer Ahmed Mir interjects: I just need 30 seconds to point out something. In view of the fact that in FIR 59 in terms of the chargesheet filed against my client (Sharjeel Imam)...
Mir: ...the prosecution wants to convict him for offences under S.124A, 147, 149, 212, 295A, etc if the Court has taken the view that S. 437 CrPC is the correct provision, now taking another view will it not be reviewing the Court's own order?
Mir: I am requesting that since your Honour has already come to the conclusion that my speeches are seditious, in the other FIR, your Honour will not be taking a different view, so my bail application is a dead duck.
Mir: Already in FIR 22 I have an order rejecting my bail, Courts take their own time, but the charges are substantially similar. I'm not here to put a blockage on other applicants, just asking for an order so far as my plea in FIR 59 is concerned.
Mir: I don't need to make any arguments on merits. In how many cases will #SharjeelImam be tried under S.124A for the same speech? I cannot go in appeal till I have the impugned order.
Court: Let the prosecution complete its arguments today & tomorrow.
SPP refers to an FIR from New Friends Colony, says there were common elements - Haider, Asia Tatiya (who is Asif Tanha).
Petrol bombs, deadly weapons, pathrav (stones thrown) on police, were used. Petrol bombs show prior planning, not something you can just buy off the shelf.
SPP shows yet another FIR where destruction of DTC buses, ambulances, police booths have been seen. He presses that there is an identical pattern and common elements - Miran Ahmad, Sharjeel Imam, Asif Tanha. Imam himself says, "Mera chashma toota", admits was there. #DelhiRiots
SPP refers to some MLC reports of #PinjraTod activists and others as well and argues that these common elements also were all in or near Dariyaganj when the #DelhiRiots violence took place.
He presses that the acts were synchronized, planned and intended at causing violence.
SPP refers to a picture to establish connectivity: #UmarKhalid and #SharjeelImam sitting together, Imam himself admitted he was there.
SPP also refers to some chats and other documents to show connectivity and presence of common elements across instances of violence.
SPP cites 5 reasons why the first phase of #DelhiRiots wasn't successful - inter alia because the police were effective and mobilization of rioting forces did not happen.
SPP further refers to Facebook posts by the Jamia Coordination Committee, says a common "secular" tag there & they have by design put women and children in the front. There was a 5 member Committee formed on the Whatsap Group "JCC_JMI" consisting of #Safoora and #SharjeelImam.
Referring to a Facebook post by #SharjeelImam, he says that it is not that they were retreating or withdrawing, but that they are going to enter the 2nd phase.
Court: In the message below, they are merely asking for the members to assemble at Jamia, what is the problem, what do you deduce out of that?
SPP: They were coordinating the protest sites with quick communication. There is incitement to violence and silence.
Court: Mr. Prasad, but whether someone says something or not - the prosecution says, "Look they did this."
If they say it, then you say they said it, if not, then you say "Look, they are so clever they remained silent."
SPP: My contention will be proved by their conduct. From 18th to 21st there are hundreds of messages from Owais Sultan but the moment it comes to incitement to violence there is sudden and absolute silence. There is a conspiracy of silence.
SPP: They were managing these "protest" sites.
SPP shows some more chats.
Another message says “Zyada may Likho” to Advocate Areeb by Shifa Ur Rehman so as out of experience to not share too much information on Whatsapp: Prosector #delhiriots
This message that is being shown to court by one of the alleged co conspirators is saying that the people will not abide by the Court judgment.
They are discussing the need to keep women at the front so police does not take action: Prosecutor #delhiriot
Prosecutor shows photo from Jaffrabad ‘protest’ site. The factum of meeting between Meeran Haider, Khalid, others shows meeting of minds.
Bench breaks for 15 minutes
SPP shows pictures of meeting between #SharjeelImam, Harsh Mander and others, says in the public domain they talk of Constitution and constitutionality, in private meeting there is the RSS book - why? Because they want to pin the blame somewhere.
SPP: Imam has also talked about "rajnaitik gunde" in one of his posts, as I've already pointed out earlier.
SPP also brings out the reference to "Hong Kong strategy" being called for: What is this strategy? Where people suddenly gather in a flash mob and police aren't able to do anything. If they are talking of peaceful protest then where does this strategy come from?
SPP says, they also say that "chakka jam" aur "dharne" mein fark samajhiye and ask for dharnas to be held at different places to spread the message of chakka jam, calling them out on highways.
Chandan and Asif were removed from the JMI Coordination Committee by Safoora so that traces are removed.
SPP: On 24th Jan itself Chandan and Asif are served notices, they are removed from the JMI Coord Committee group, and 3 new groups are formed - this is not some magical moment that all this happens together. They react out of fear after getting police notices.
SPP asks Court to mark the 5 points for 2nd phase of Delhi Riots and shows them on the map, says they are similar to the 1st phase riots. Sunder Nagri backs out due to police action in the 1st phase.
SPP: If it was so peaceful, they would not try to hide it, they were not organic or women centric. They were planned organized under the aegis of JCC.
SPP: Lack of synergy of stakeholders at different sites was one of the reasons for failure of 1st phase. Now, in the 2nd phase they are asking for synergy.
SPP presses that as on Feb 17, there is already talk of violence. He says, "Subsequently, they have said that @KapilMishra_IND came and incited violence etc but even as of Feb 17 they are already anticipating violence."
SPP: These messages say Dilli ka chakka jam karwate hai "secretly" and that 23 sites are managed by JCC-JMI. If there is nothing prohibited or illegal, where is the question of "secretly"? Now comes the question of what Court asked me - will I interpret them to my convenience?
SPP: Look at the level of maturity here - Safoora says "Chup ho ja bhai, sab yahin likh doge toh execute kya karoge?"
Court: Is this in response to the message above it?
SPP: The entire JCC chat I'll ask to file images and get it mailed to all counsels. It will be more relatable.
The message by Safoora in question.
SPP points out the speed with which all updates on chakka jams at various sites get posted on JCC group, showing that the main coordination of the Delhi Riots was from JCC_JMI group.
The msg says Dalit women wanting reservation have also been got into the protest.
SPP: They call the road on which one of the protests is held as the "highway" because it is the main road connecting Delhi and UP. In one of the messages they say, "need more mob", not that they need peaceful protestors but mob.
SPP: They talk of outer ring road of Delhi being completely blocked, because the idea is to choke and paralyze the system.
SPP: This is crucial. Mewati is saying Sharjeel Imam had said that #ChakkaJam is the only way out. He also said, "Ye toh trailer hai Dilli walo" - meaning ye picture nahi hai, because picture is the riots that follow.
SPP: It is clear that they are trying to (falsely) create the narrative of violence blaming @KapilMishra_IND - because firstly, from Feb 17 itself they were anticipating violence, and secondly, their own person says, "Bhai kuch nai hua, Kapil Mishra gaya, police le gayi usse".
Court: How do you distinguish between Dharna, Chakka Jam, Bandh and disruptive chakka jam because not everyone uses them in the same way.
Prosecutor said that group chat shows 5 members including Safoora & Sharjeel already knew about upcoming violence even before @KapilMishra_IND’s alleged instigation on February 17. “Bhai kuch nai hua, Kapil Mishra gaya, police le gayi usse,” chats read lawbeat.in/top-stories/de…
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Supreme Court hearing a plea by cartoonist Hemant Malviya, accused of drawing a caricature showing the Rashtriya Swayam Sewak (RSS) and Prime Minister Shri Narendra Modi in an undignified manner.
Bench: Justice Aravind Kumar and Justice NV Anjaria
On the last hearing, the Court had directed cartoonist Hemant Malviya to publish an apology on social media, barred reposting of caricature, and said deletion of the original content was not allowed during ongoing investigation.
Advocate Vrinda Grover appears for Malviya and ASG KM Nataraj appears for the State of Madhya Pradesh.
Grover for Malviya informs the Bench that apology has been published on social media.
Delhi High Court to hear today Centre’s objection to the maintainability of a plea filed by banned organisation Popular Front of India (PFI) challenging the UAPA Tribunal’s order upholding the five-year ban imposed by the Central Government.
The matter is listed before a Division Bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela.
Counsel for PFI: May I be permitted to hand over a note of the arguments that I have prepared?
Supreme Court to shortly hear YouTuber and podcaster Ranveer Allahabadia aka 'BeerBiceps' plea over multiple FIRs filed against him for controversial remarks on the YouTube show 'India's Got Latent'.
Court had earlier in February granted interim relief to Allahabadia.
🗳️ One Nation, One Election — the big debate unfolds at Delhi High Court today!
Union Ministers, senior jurists & legal minds come together to discuss the future of India’s democracy. 🇮🇳⚖️
#OneNationOneElection
@byadavbjp @arjunrammeghwal @HiteshJ1973
Lawbeat’s @SukritiMishra12 with insights
Hitesh Jain, Member Law Commission of India: The simultaneous election (also known as One Nation One Election) is not a debate that has started recently. Why it matters today?…Everybody is aware of the cost that goes in, for each election. For the fairness of elections; the opposition parties should welcome this, instead of opposing it. Parties get a level playing field.
Delhi High Court hears plea by UK-based arms consultant Sanjay Bhandari challenging a trial court order declaring him a “fugitive economic offender.”
Bench: Justice Neena Bansal Krishna
Senior Advocate Kapil Sibal, representing Sanjay Bhandari, read out the extradition warrant issued against his client. According to his submission, the warrant stood executed on 8 July 2021.
Sibal refers to Section 4 of the Fugitive Economic Offenders Act, 2018 (FEOA).
Sr Adv Kapil Sibal for Bhandari: They claim to have reason to believe that I owe tax of more than Rs 100 crores. However, in the impugned order itself, you will find that sometimes the amount is shown as less than Rs 100 crores and sometimes as more; they are not even sure.
Supreme Court to hear a plea by cartoonist Hemant Malviya, accused of drawing a caricature showing the Rashtriya Swayam Sewak (RSS) and Prime Minister Shri Narendra Modi in an undignified manner.
Bench: Justice Aravind Kumar and Justice NV Anjaria
In July the Court had granted anticipatory bail to the Cartoonist. Malviya had also tendered an apology, through his Counsel, Advocate Vrinda Grover for the posts and stated that he would delete the same.
Matter taken up.
Advocate Vrinda Grover appears for Hemant Malviya.
Grover: In conformity with the earlier order, i have placed the apology both in English translation that would be on record. I’ve also served the other side. I want to supplement it with a statement that I’m making. I am not very advected to technology either.