Thread by @barandbench

The Delhi High Court will hear today Delhi Police's plea against discharge of #SharjeelImam, #AsifIqbalTanha, #SafooraZargar and 8 others in the Jamia Violence case.
#DelhiHighCourt #jamiaviolence #DelhiPolice

Delhi Police had invoked sections of rioting and unlawful assembly against Imam and others in relation to the violence that happened in and around Delhi's Jamia Millia Islamia.
However, the trial court discharged them in the case.

The trial court also pulled up the Delhi Police for its failure to nab the real culprits and making Imam and others scapegoat.
Read detailed story here:
barandbench.com/news/litigatio…

The Delhi Police's revision petition against the trial court order will be heard by Justice Swarana Kanta Sharma.

Hearing is likely to start at 10:30am.
#DelhiHighCourt #JamiaViolence #SharjeelImam

Hearing starts.
ASG Sanjay Jain appears for Delhi Police.
#DelhiHighCourt #JamiaViolence #SharjeelImam

Court: Let's go to the first chargesheet.
ASG refers to the main chargesheet.
#DelhiHighCourt #JamiaViolence #SharjeelImam

Court notes the dates and contentions in the three chargesheets.
#DelhiHighCourt #JamiaViolence #SharjeelImam

Court: FSL report is still not here?
ASG: No.
#DelhiHighCourt #JamiaViolence #SharjeelImam

ASG: There is registration of FIR. Main chargesheet and three supplementary chargesheet have been filed. The last chargesheet has been completely disregarded which is contrary to law.
#DelhiHighCourt #JamiaViolence #SharjeelImam

ASG: The reasoning given by the trial court is that we have failed to meet the test laid in Basanti.
#DelhiHighCourt #JamiaViolence #SharjeelImam

ASG reads the trail court's order.
#DelhiHighCourt #JamiaViolence #SharjeelImam

ASG: The court says permission was not taken for third chargesheet. But in understanding if in the second chargesheet we have said that third charhesheet will be filed then that is enough. The court has proceeded on a fundamentally wrong proposition.

AsG: The order is vitiated by the very fact that the judge relies on the wrong law.
#DelhiHighCourt #JamiaViolence #SharjeelImam

ASG: It is a cardinal principle that only for reinvestigation i need permission from court.
#DelhiHighCourt #JamiaViolence #SharjeelImam

ASG: How can a document be disregarded at the whims and fancies of trial court. Particularly when the chargesheet was clarifying the material already before the court.
#DelhiHighCourt #JamiaViolence #SharjeelImam

ASG: In a case like this it is bounden duty of the investigation agency to submit before the court the material that has come.

ASG: I have serious issues with the court's observations. Are these conclusions permissible? Was he hearing a PIL?

ASG: The order is like scoring a self goal. And after scoring a self goal he says no no I have won. He says the riots created mayhem. If it was mayhem is it not the duty of the police to arrest those people?

ASG: The court first says i am disregarding the third chargesheet when he wants to find something against me, he refers to it. Is it a toy?
#DelhiHighCourt #JamiaViolence #SharjeelImam

ASG: After giving the finding of havoc and mayhem he sees peace in it and then he goes on to give sermons.
#DelhiHighCourt #JamiaViolence #SharjeelImam

ASG: I don't want to comment on the first amendment to the constitution. It is best left to the constitutional court to decide the issue.
#DelhiHighCourt #JamiaViolence #SharjeelImam

ASG: He is giving an impression as if the might of State machinery is standing against innocent people. Is this a correct finding?
#DelhiHighCourt #JamiaViolence #SharjeelImam

ASG: It is an offence of riot and unlawful assembly. He concedes that these people were not onlookers or curious bystanders but were part of the protests. Whether these people were only part of protest or rioters will emerge at the stage of trial.

ASG: If you see the entire literature of dissent and insurrection. It is an ongoing debate. It is brilliantly captured in our constitution. These discourses are good for seminars or lectures but not at all required here.

ASG: The question is am in governed by law or conscience. Even a dacoit may have a conscience. Even Ajmal Kasab had a conscience. He believed in what he was doing. It is a very dangerous trend that things like these are noted in the order.

ASG: These observations are going to adversely affect is going to be detrimental to my further investigation.
#DelhiHighCourt #JamiaViolence #SharjeelImam

AsG: Please pass an interim order allowing us to continue with the investigation and file the chargesheet. I am not asking for the complete stay. I want my lords to stay the observations. This is my oral prayer.
#DelhiHighCourt #JamiaViolence #SharjeelImam

ASG: I am asking for the stay of the observations.
Court: There is no point of stay. These remarks will be expunged if i feel so.
#DelhiHighCourt #JamiaViolence #SharjeelImam

ASG: Please issue a clarification that further investigation and further chargesheet will not be affected. And this order should not be relief upon in any collateral proceedings.
#DelhiHighCourt #JamiaViolence #SharjeelImam

Counsel for Asif Iqbal Tanha now addresses the court.
#DelhiHighCourt #JamiaViolence #SharjeelImam

Counsel: It was more than a year after the incident that 11 students of Jamia were arrayed as an accused.

Counsel: The suission that third supplementary chargesheet wasn't considered is patently wrong.
#DelhiHighCourt #JamiaViolence #SharjeelImam

Counsel: We are not saying we were not present at tge spot. We were present there because we are students of Jamia.
#DelhiHighCourt #JamiaViolence #SharjeelImam

Counsel: The observations made by the court are absolutely necessary.

Counsel: As regards the partial stay, they can do whatever investigation they want to do. They have not even impleaded Mohd Ilyas against whom caheges have been framed.

Bench: Right now i am not expunging the remarks. But ASG has a point that these remarks are going to influence the investigation. I will give a short date. If you want to argue today you can do that also. I will dispose it of today.

ASG: There are people who have chosen not to come. My lords may want to issue notice to them.
#DelhiHighCourt #JamiaViolence #SharjeelImam

Advocate Adit S Pujari appears for accused Mohd Abuzar.
#DelhiHighCourt #JamiaViolence #SharjeelImam

Pujari: Any observation that falls from your lordship will affect either the prosecution or us.
Bench: I don't need the case diary. I am only going to say that the observations against the police will not affect the investigation. I will not expunge them.

Court dictates order.
#DelhiHighCourt #JamiaViolence #SharjeelImam

Order: After hearing, since some respondents are still not present, issue notice. Counsels who are present say they will file written submissions.

Order: In these circumstances i deem it fit to summon the trial court record. Since the next date of trail is in april no interim orders are required.

Order: It is ordered that observations made by the trail court will not affect either the investigation or trial of any accused.
#DelhiHighCourt #JamiaViolence #SharjeelImam

Court lists the case for further hearing on March 16.
#DelhiHighCourt #JamiaViolence #SharjeelImam

Next date is March 16 at 2:15 pm.
#DelhiHighCourt #JamiaViolence #SharjeelImam