Thread by @LawBeatInd

Shortly before #DelhiHighCourt—
Plea filed by @DelhiPolice challenging Trial Court’s order which discharged Sharjeel Imam and ten others in connection with the Jamia Milia Islamia University violence case of 2019.
#JamiaVoilence #DelhiPolice

Last Thursday, the court directed all the respondents to 'file their written submissions within four days' and also directed the @DelhiPolice to 'place on the record the videos of the incident they rely upon'.
#jamiamilliaislamia #jamiaviolence2019
lawbeat.in/news-updates/j…

Additional Solicitor General (ASG) Sanjay Jain appears for State. Refers to his written submissions.
ASG: The trial court order is perverse & unsustainable. Non consideration or selective consideration of the third chargesheet makes the order more perverse.

ASG: Disregard to the chargesheet in toto.....
He relies on Basanti v. State of UP of Supreme Court.

ASG: The first submission with regards to the mini trial. He submits a 1 pg brief. There are six submissions.

Court: What they say primarily, this person was merely standing there, if understanding the trial court judge said you couldn't bring anything on record for ....

Court: ....court to believe why these people were picked up from so and so. Another argument they have is that you entered their premises.

ASG: Without prejudice to the basic contention, the trial court observation on whether respondents...There were 10 clips available with the prosecution...clip no. 9& 3. 6 accused persons have been identified through the clips from clip 3 and 1 is identifiable by clip 9.

Court: Can we see the clips?

ASG: Yes! My Lord! Request you to see clip 3 first.

ASG: From these clips, if the trial court has states that these students are innocent is completely denied by us.

Counsel for Respondent No. 11 (Safoora Zargar)
Senior Advocate Rebecca John: The person they claim is me is in Clip 9,
At the very outset, they hv to cross the threshold as far as the identification is concerned. Because the person in that clip has his face covered.

John: Till such time my identity is not confirmed, till we don't get a sense of wheather that's me. For the sake of clarity...there are snapshots also they've taken. They have a 3 fold argument.
#JamiaViolence #DelhiPolice

John: My CDR in that area cannot be an allegations, as my house is 3-4 km from the area. I am not named in the FIR filed on December 14.
#jamiamilliaislamia #DelhiPolice

John: The chargesheet filed against Mohd. Ilyas doesn't have my name, in any way. The chargesheet only states that they are investigating the involvement of other students.
#jamiamilliaislamia #JamiaVoilence

John: Not a single police officer has recognised me. Reads Statement of an ASI.."Mauka par police walon pe ghayal krke....ahinsa fhailane wale ladkon ko maine dekh liya h". He keeps saying"Ladka" (Boy) throughout the chargesheet I m a "Ladki" (Girl) not a Ladka.
#JamiaViolence

John: One Yasin Khan, videographed the incident..the source of @DelhiPolice is this man. Refers to 1st Supplimentary chargesheet filed in July...refers to 2nd Supplimentary chargesheet filed on September 1, 2021 & for the first time it names me(Safoora) & made an accused.

John: A DVD available with them, finally surfaces with the Supplimentary chargesheet filed by them. Vide the 2nd Supplimentary chargesheet, many ppl from #jamiamilliaislamia, two persons Nizam & Saluddin identified others including me.
#JamiaVoilence #DelhiPolice

John: Somewhere you(@DelhiPolice) have to say that how i (Safoora) was identified. Her name was disclosed by co-accused persons.
#jamiamilliaislamia #JamiaViolence2019

John: The third Supplimentary chargesheet filed on 02.02.2023, while arguments of charge were going on. What makes it famous is that ASI identify some people, they donot identify me, these are two police officers who were standing at Gate No. Where the incident took place.

John: I am not named by any of the police officers. There are four police officers mentioned in the chargesheet who were right at the gate of incident none of them identify me.
#jamiamilliaislamia #JamiaVoilence

John: Clip No 3 &9, My Ladyship should see. What was shown yo them was Clip 1&3, some say i am in 1 & 3, i am neither in Clip 1 or 3.
#jamiamilliaislamia #DelhiPolice

John: By looking at the picture, my Ladyship can easily understand what i mean. Seeing the image nobody cannot identify who it is.

John: I reside near Jamia, CDR cannot be relied. You pickup students immediately after the incident, i am not picked up in them. You show the pictures to my co-accused.
This is not a case of grave suspicion, because it could be me, it could be someone else.

John: I understand there(@DelhiPolice) concerns over the remarks made by the Trial Court order. My Lady! Can consider expunging them. But my presence, is disputed.

John:. A statement of a co-accused is legally Inadmissible. For Salahuddin & Nizam, i simply ask, how do they know it's me or someone else.
My Lords! I hv not filed my written submissions, I'll do that today.

Counsel for Respondents (1,2,3 & 6): There are many students who decide to protest, gather at a particular gate.Apprehending this they barricaded the roads towards Scott Hospital..The discharged accused is not in Clip 9, it is a clip of relatively in the evening& Clip 3 isof 3:30

Court: Are you saying that at the time or incident they were all students. All your accused were students?

Counsel: Yes! All.
My argument is i was just present & were by standers & because of any overt act i cannot be charged.

Counsel: Before filing the main chargesheet, about 23 statements were already on record & my name has not been taken. Except a few statements, they could identify me as.......

Court: Do you say it was inappropriate or illegal?

Counsel: I cannot say illegal.

John: What has pained the court, you don't play hide & seek with me, you don't even inform me(trial court) before filing the third chargesheet.
#jamiamilliaislamia #JamiaViolence #DelhiPolice

Counsel for Respondents 1,2,3&6: Refers to Judgments to support his submissions.

Cousnel for Respondent No. 9 (Asif Iqbal Tanha): Today they are assailing an order that has discharged 11 accused. Coming straightaway to their petition. My phone location will obviously show Jamia. I am a student of Jamia Milia Islamia University, i graduated in the year 2021.

Counsel for Tanha: Reads portions of Trial Court order, "Even in the 3rd Chargesheet the witnesses nearly avert that...they were arguing with police...no overt act has been attributed".
#jamiamilliaislamia #DelhiPolice

Counsel for Tanha: Coming straight to the statement witnesses, ASI Dhaniram on 20th Jan 2023, after 3yrs 1 month later, allegedly the officer at PS Badarpur. He is the sole officer, who was not at the place of incident, at Jamia he saw me at PS. Badarpur.

Cousnel for Tanha: Another witness Vijay Pal Dahiya of 22.03.2021, 2.5 yrs after the incident. Refers to 3rd Supplimentary Chargesheet there are 4 police officers who identify, these officers donot take the name of Asif Iqbal Tanha.
#jamiamilliaislamia #JamiaViolence

Counsel for Tanha: Refers to S.65 of the Delhi Police Act, it is there purported case that 40 something students were detained. Reads Subsection (2).
#jamiamilliaislamia #JamiaViolence

Counsel for Tanha: The trial court didn't say that there was no violence, it isn't denying that people were injured, it just states that we are not the 11 ppl who were part of the riot.
#jamiamilliaislamia #JamiaViolence

Counsel for Sharjeel Imam: I was the victim, i actually suffering the stone pelting. As per their case, the assembly happened only around 3:30pm & half an hour later the lawful assembly turned violent.

Counsel for Imam: The CDR report clearly establishes that i was there till 3:51pm, because my glasses had broken.
#jamiamilliaislamia #JamiaViolence

Counsel for another Respondent: Refers to 3rd Supplimentary Chargesheet...the only statement where i am identified is by a co-accused.

Counsel for Respondent 10(Chanda Yadav): She is seen standing peacefully next to a police officer, who was making announcements, there was No S. 144 imposed, and so the protesting students were not part of the "unlawful assembly".

Counsel for Respondent No.4: I was not part of the mob, my CDR stated the location because i was present in the area, i was returning home, after visiting the doctor.
Even though the main chargesheet mentions my name, there no witness who identifies me, nothing to endorse i was

Court: I just want to seek clarity on S. 144 from the State.

ASG: S. 141 IPC has been ignored by all my learned friends, which mentions what comprises of "Unlawful Assembly".

ASG: The key question...joint liability of accused..which makes every member of Unlawful Assembly constrictively liable to it. This is what the trial court has not done. They have gone into the vicarious liability.

Court notes that all the respondents donot have any objection with "expunging" certain remarks made against the @DelhiPolice.
Accordingly, Court reserves order.