Thread by @barandbench

[2019 Jamia Violence case] #DelhiHighCourt to shortly pronounce its judgement on Delhi Police's plea against a trial court order discharging #SharjeelImam, #AsifIqbalTanha, #SafooraZargar and eight others.

Judgement to be pronounced at 10:30am.
#JamiaViolence #DelhiPolice

Justice Swarana Kanta Sharma had reserved her verdict on March 24 after hearing Delhi Police and the respondents for nearly two hours.

The trial court had discharged Imam and others in February 2023. In its order the court had strongly criticised the Delhi Police for its shoddy investigation and had said that Imam and others were merely scapegoats.

Read the detailed story barandbench.com/news/litigatio…… twitter.com/i/web/status/1…

Court is yet to assemble.

Justice Swarana Kanta Sharma presides.
#DelhiHighCourt
#JamiaViolence

Justice Sharma reads the order.

Order: The court is not innovating the procedure to be adopted at the stage of framing of charges.

Order: Prima facie the respondents were visible in the video. It is difficult to explain the situation they were violently pushing the barricades and raising slogans against police. They were part of the assembly...

Order: While there is no denial of the right to freedom of expression, this court remains aware of its duty and has tried to decide the issue in that way.

Right to peaceful assembly is subject to restriction. Damage to property and peace is not protected: Order

Court partially reverses the trial court order. Court frames charges against nine of the 11 accused including Imam, Tanha and Zargar under various offences including rioting, unlawful assembly and several other offences.

Mohd Qasim, Mahmood Anwar, Shahzar Raza, Umair Ahmed, Mohd Bilal Nadeem, Sharjeel Imam, Chanda Yadav, Safoora Zargar charged under sections 143, 147, 149, 186, 353, 427 of the IPC as well as sections of the Prevention of Damage to Public Properties act.

Mohd Shoaib and Mohd Abuzar charged with Section 143 of the IPC, discharged from all other sections.

Asif Iqbal Tanha discharged of Sections 308, 323, 341 and 435. Charges framed under other sections.

Court adds that if any evidence comes against the respondents before the trial court related to the offences they have been discharged of, the court can proceed against them as per law.