Delhi High Court to hear shortly Delhi Police's appeal against a trial court order discharging Sharjeel Imam, Asif Iqbal Tanha, Safoora Zargar and eight others in the 2019 Jamia Violence Case.
#DelhiHughCourt #SharjeelImam #JamiaViolence #DelhiPolice
#DelhiHughCourt #SharjeelImam #JamiaViolence #DelhiPolice
While discharging the accused, the trial court had pulled up the Delhi Police for its investigation into the violence and said the Imma and others were made scapegoats.
The plea will be heard by Justice Swarana Kanta Sharma at 2:15 pm.
#JamiaViolence #DelhiHighCourt #SharjeelImam
#JamiaViolence #DelhiHighCourt #SharjeelImam
ASG: At the stage of framing of charges, the judge cannot indulge in mini trial.
Court: Primarily what the accused have said is that these people were merely standing there. For me to believe that these people were part of a crowd who indulged in violence... They say you entered into the university.. I want you to address the court on these issues.
ASG: Seven of these 11 have been identified through two video clips.
Please see the clip and my lords can see for herself whether they are mere bystanders: ASG.
ASG: Visualisation or imagination of the trial court that these are students who are mere bystanders is completely belied by these videos.
Senior Advocate Rebecca John appears for Safoora Zargar.
John: I can say that the person they claim is me is in clip 9. At the very outset before I commence arguments, the person who they say is has a covered face. They do not say how these witnesses came to know it is me. Till the time my identity is not confirmed, my role has to be… twitter.com/i/web/status/1…
They have a three fold argument against me. One it is stated in chargesheet that my CDR location was in and around the university. The fact that I was MPhil student and that my home was near the area is of no consequence to them: John.
John: It is clear that no Section 144 was imposed in the area. Section 144 was only around the Parliament area.
Bench: The first chargesheet does not say that the second chargesheet will be filed?
John: No.
John: No.
John: Not a single police official or anyone else identifies me. Please see the statements of the ASI, he says he has seen the boys who were involved. I am not a boy, I am a girl.
John refers to the second supplementary chargesheet filed in the case.
John: There were 42 people apprehended from the spot, I am not one of them.
#SafooraZargar #JamiaViolence
#SafooraZargar #JamiaViolence
Two people named Nizam and Salahuddin, who were not present at the scene identified me. They do not say on what basis they identified a person who was fully clothed and had her face covered: John.
John now refers to the third supplementary chargesheet.
It was filed while the arguments on charge were going on: John.
It was filed while the arguments on charge were going on: John.
There were two policemen standing outside the gate. I was identified by none of them: John.
Video 3 and Video 9 are the ones the court must see. My argument is simple. They say 3 and 9, what was shown to people who identified me was 1 and 3. I am in neither of them: John
Please look at it. It could be anybody. The first principle of criminal law is that they have to prove my presence. They identify post facto based on some photographs. What is the process that was followed that gave this person supernatural power to say that this is Safoora… twitter.com/i/web/status/1…
John: My arguments are these: One I am a student at Jamia there i was in the location. Two you take up people and send them to Police Station. I am not one of them. Three, some year later you show the videos to some people who say it is me without any basis. Four the co-accused… twitter.com/i/web/status/1…
Advocate MR Shamshad begins his submissions for four of the accused.
Shamshad states that the respondents he is representing were students at the time of the incident.
Judge: So your argument is that you were just present?
Yes and riot is happening. They (prosecution) needs to show that I have some overt action: Shamshad.
Yes and riot is happening. They (prosecution) needs to show that I have some overt action: Shamshad.
The mobile location in my case is irrelevant because we were students and living nearby: Shamshad
Shamshad: Before filing of the main chargesheet, 23 statements were already on record and none of them named me.
Shamshad: I am not shying away from additional chargesheet...
Bench: Do you think it is illegal or inappropriate?
Shamshad: I can say it is illegal because it is allowed.
Bench: Do you think it is illegal or inappropriate?
Shamshad: I can say it is illegal because it is allowed.
John: What has pained the court is not that they don't have the right. What has pained the court is that they can't play hide and seek.
Shamshad: Ultimately we are students who are protesting and to go to this extent against them...
Court: So you want us to adjudicate on that as well?
No, i want your ladyship to see how the trial court has committed an error. That is the issue before your ladyship: Shamshad
Court: So you want us to adjudicate on that as well?
No, i want your ladyship to see how the trial court has committed an error. That is the issue before your ladyship: Shamshad
Shamshad: I am saying there is no error.
These students were standing in their vicinity, in their own University: Shamshad.
It is my article 19 to protest. It can only be regulated by imposing 144. But it was nowhere: Shamshad.
There was no Sec 144 CrPC in Jamia Nagar. It was imposed in New Delhi. They make a very hilarious statement on this. They say mistakenly wrote in the FIR that 144 was imposed. Based on this they put all of us in unlawful assembly: Shamshad.
Shamshad: They say yehan ka wahan ho gaya. Yehan ka wahan me puri duniya badal gayi sahab.
Advocate Sowjhanya Shankaran appears for Asif Iqbal Tanha.
Shankaran: My phone will always show Jamia. I am a student. I am a BA Persian (Hons) student. I would be in the university.
Counsel for Mohd Bilal Nadeem now begins submissions.
Advocate Talib Mustafa now begins his submissions for Sharjeel Imam.
The assembly started at 3:30 and it was only half an hour later that the lawful assembly allegedly turned violent: Mustafa.
What is against me is only a disclosure statement. This can't be a basis for chargesheet: Mustafa.
Respondents conclude.
Judge: I just want one clarity, Section 144 thing.
ASG: The third supplementary chargesheet has been referred to as the most famous one. It is because the learned sessions court while discarding it has relied on it.
ASG: Section 144 being imposed is only one of the many possibilities in which unlawful assembly can be formed. So it makes little difference.
ASG: The key issue is joint liability of the accused. It makes every member of the unlawful assembly constructively liable. I am beseeching my lords to do the same.
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