Thread by @LiveLawIndia

#DelhiHighCourt to shortly hear #DelhiPolice’s plea against discharge of #SharjeelImam, Safoora Zargar, Asif Iqbal Tanha and eight others in 2019 Jamia violence case.

Hearing before Justice Swarana Kanta Sharma.

The matter will be heard at 2:15 PM.

While issuing notice in the petition, Justice Sharma had said that the trial court’s observations against the investigating agency will neither affect further investigation nor the trial of any accused person.

#JamiaViolence

Read about the previous hearing here:
livelaw.in/news-updates/h…

Hearing commences. ASJ Sanjay Jain appears for Delhi Police

#DelhiPolice #DelhiHighCourt #JamiaViolence #SharjeelImam

Jain: Trial court overstepped it's jurisdiction by passing observations against investigating agency and thus have to be expunged from record.

Trial court conducted a mini trial.

#DelhiPolice #DelhiHighCourt #JamiaViolence #SharjeelImam

Jain: What i propose to do is, on each preposition, I place the law before the court.

Court: on last date you extensively argued. Now you've given me all arguments and questions which you've raised from impugned order. So there will be one question I'll ask you.

Court:What they said when i was going through their written submissions, they say this person was merely standing there. The trial court judge has basically said you couldn't bring anything on record for court to belive that these persons were part of crowd who committed offence.

Court: They also raised question that when there were so many people, why you only picked up a few?

I'll also ask you about third chargesheet, but first answer on these two points.

#DelhiPolice #DelhiHighCourt #JamiaViolence #SharjeelImam

Jain: Without prejudice yo the basic contention that trial court observations on whether respondents were mere bystanders or participated in activity is subject matter of chargesheet...there were 10 clips available with prosecution.

Jain: 7 are those which have been identified from 2 clips.

Court: Can we see those?

Jain: That's what I propose to do.

#DelhiPolice #DelhiHighCourt #JamiaViolence #SharjeelImam

Jain: We request your lordships to watch clip no 3, relates to six accused persons.

#DelhiPolice #DelhiHighCourt #JamiaViolence #SharjeelImam

Court: Counsel for the petitioner has drawn attention of the court to video clips which were also submitted to trial court and states that they would reveal that the six respondents herein can be seen indulging in actions as mentioned in chargesheet.

Court: It is also stated that the same were filed along with second supplementary chargesheet which was part of the trial court.

#DelhiPolice #DelhiHighCourt #JamiaViolence #SharjeelImam

Senior Advocate Rebecca John appears for Respondent 11, Safoora Zargar.

#DelhiPolice #DelhiHighCourt #JamiaViolence #SharjeelImam

John: The person they claim is me which I contest is in clip 9. At the very outset, they have to cross the threshold as far as identification is concerned. Because person seen in clip 9 has a face cover, assuming it's a she.
#DelhiPolice #DelhiHighCourt #JamiaViolence

John: How can they assume it's me? They are not giving me any feedback as to why they have come to that conclusion.

Till the time my identity isn't confirmed, my role has to be disconnected.

#DelhiPolice #DelhiHighCourt #JamiaViolence

John: They have a three fold argument. One it is stated in chargesheet that my CDR location was in and around the university. Not withstanding the fact that I was a MPil student at that time, and my home was nearby, is of no consequence.

John: As far as the FIR and subsequent chargesheets are concerned, there is an inconsistency inherent.

I am not named (in first chargesheet) in this. Nor has any role been attributed in this. Nor they are saying any supplementary chargesheet will be filed.

Court: But they are saying that they are investigating the role of various students.

John agrees.

#DelhiPolice #DelhiHighCourt #JamiaViolence #SharjeelImam

John: Not a single police officer or anyone else identifies me. Can i just give a representative statment. I'll just reach one.

John reads statement of one ASI.

#DelhiPolice #DelhiHighCourt #JamiaViolence #SafooraZargar

John: "Ladko ko". This "ladko ko" keeps coming throughout the chargesheet.

This was a man (who videographs the incident) the police used for recording the incident and it's on the basis of what he recorded that they claim these 10 videos have been placed before this court.

John refers to first supplementary chargesheet.

John: nothing turns on this. They get sanction and they only place that on record. Other than that there is nothing exceptional in this chargesheet.

#DelhiPolice #DelhiHighCourt #JamiaViolence #SharjeelImam

Jain: We're not pressing first supplementary chargesheet.

John; I am only chronologically taking it forward.

John now refere to second supplementary chargesheet.

#DelhiPolice #DelhiHighCourt #JamiaViolence #SharjeelImam

John: For the first time I am named as an accused. In September 2021, for an incident that happened in 2019.

#DelhiPolice #DelhiHighCourt #JamiaViolence

John: They have not stated on what basis they were able to identify a person whose face was covered with cloth. It's my argument that somewhere you've to say how did you identify this person. You can't make out who that person is.

#DelhiPolice #DelhiHighCourt #JamiaViolence

Court: Can you say that on the stage of charge?

John: Yes. If my identity is not known.

#DelhiPolice #DelhiHighCourt #JamiaViolence

John: It doesn't behove an investigating agency like Delhi police to place inadmissible evidence before court.

#DelhiPolice #DelhiHighCourt #JamiaViolence

John: Now the famous third supplementary chargesheet filed on February 02, 2023, while arguments on charge were going on and they had taken a substantial amount of time convincing the court that charges were made out.

#DelhiPolice #DelhiHighCourt #JamiaViolence

John: These are two police officers standing outside gate 1 and 5. Incident took place outside gate 1. I am not identified by either two of the police officers.

#DelhiPolice #DelhiHighCourt #JamiaViolence

John refers to statements of few police officers and an ASI and says they don't identify Safoora Zargar.

#DelhiPolice #DelhiHighCourt #JamiaViolence

John: As far as statements of co accused are concerned....what was shown to them is clip 1 and 3. Some of them say i am either in 1 or in 3. I am neither in 1 nor in 3.

#DelhiPolice #DelhiHighCourt #JamiaViolence

John hands over some photographs to court

John: This requires some magic to discern, assuming it's a she.

#DelhiPolice #DelhiHighCourt #JamiaViolence

John: It could be anybody. Therefore, the first principle of criminal law is that when your case is that i was present at spot, you've to prove my presence. Aap photos ke basis par identity karwa rahe hai from persons who weren't there on spot.

#DelhiPolice #JamiaViolence

John: We should know what is that process which gave him the supernatural powers which made him to go behind his veil and say this is Safoora Zargar and not someone else.

#DelhiPolice #DelhiHighCourt #JamiaViolence

John: This is not a case of grave suspicion. It's a case where two views are possible. It could be me or someone else. I can understand their grievance wrt to some observations which were made but the issue of my role has been considered by trial court.

John: You have no other independent evidence to support...my presence or any aspect of criminality on my part.

#DelhiPolice #DelhiHighCourt #JamiaViolence

John: Aapko kaise pata chala ye mai hu ya koi aur hai? Which is why the case of Safoora Zargar is different than others.

John concludes her submissions.

#DelhiPolice #DelhiHighCourt #JamiaViolence

Advocate MR Shamshad commences submissions for respondents 1,2,3 and 6.

#DelhiPolice #DelhiHighCourt #JamiaViolence

Shamshad: Clip 3 is around 3-3:30. It's the clip in which i am there (all four). This clip could be relatable to my case.

#DelhiPolice #DelhiHighCourt #JamiaViolence

Shamshad: They might be raising slogans, might not be. Or maybe like me, simple bystanders. Clip 3 and 6 has to be segregated because that accused who has been charged can be related to clip 9. And time gap may be 2-3 hours. This is the background of the case.

Shamshad: Riot is happening. Because they'll say this is unlawful assembly, common group etc. That's why I have to decipher the fact that I am present and riot is happening. Then they have to establish that I have some overt action.

Shamshad: This much is atleast required for trial court to make out a case of strong suspicion.

#DelhiPolice #DelhiHighCourt #JamiaViolence

Shamshad: Second is mobile location, irrelevant.

Court records submission that CDR location of respondents are irrelevant because they were students of the university.

#DelhiPolice #DelhiHighCourt #JamiaViolence

Shamshad: Before filing main chargesheet, about 23 statements were already on record. And none of them named me.

#DelhiPolice #DelhiHighCourt #JamiaViolence

Shamshad: someone may identify me but that statement must say that I injured somebody.

#DelhiPolice #DelhiHighCourt #JamiaViolence

Shamshad: I am not shying away from additional chargesheets. It's a matter of investigation....i can't say illegal because there is no bar. But ultimately accused position has to be seen.

#DelhiPolice #DelhiHighCourt #JamiaViolence

Court: When we are talking about third chargesheet, the trial court judge said something. Let's come to the impugned order.

#DelhiPolice #DelhiHighCourt #JamiaViolence

John: What has pained the trial court is that you don't play hide and seek with court. Actually speaking, trial court was right in it's anguish.

#DelhiPolice #DelhiHighCourt #JamiaViolence

Shamshad: Ultimately we are students who are protesting. For this you'll go to this extent?? That's my case.

I want this court to see that the material they've produced here, the trial court has examined. I want your ladyship to see how trial court committed error.

Advocate Sowjhanya Shankaran appears for respondent no 10.

#DelhiPolice #DelhiHighCourt #JamiaViolence

Advocate Talib Mustafa commences arguments for Sharjeel Imam.

Mustafa: There is no video, no single statement of witness against me, in none of the chargesheets.

#DelhiPolice #DelhiHighCourt #JamiaViolence

Mustafa: What remains is a disclosure statement against me which cannot be sufficient for framing of charges.

#DelhiPolice #DelhiHighCourt #JamiaViolence

ASG Jain commences rebuttal.

Jain: So far as clarity regarding third supplementary chargesheet for same photos as were in second supplementary chargesheet, third one is primarily containing statements of injured persons who identified accused persons.

Court reserves judgment in Delhi police's plea against discharge of Sharjeel Imam and other persons in 2019 Jamia violence case.

#DelhiPolice #DelhiHighCourt #JamiaViolence