Thread by @barandbench

[2019 Jamia Violence case]

#DelhiHighCourt says that though in a democracy, the dissent or fundamental right of freedom of expression cannot be suppressed but, there is no place of violent action to register one’s resistance to a Government policy either.

#JamiaViolence

Justice Swarana Kanta Sharma made the observation while overturning the trial court's judgement discharging Sharjeel Imam, Safoora Zargar and nine others from the case.

The court says that the protest organised by the Jamia students of which Imam, Zargar and others were part of was not peaceful resistance but a violent protest which ultimately turned into riots.

Justice Sharma noted that the protesters turned violent and started pelting stones, breaking barricades and pushed the barricades against the police officers due to their enormous power of presence and large number.

"They succeeded in crossing first barricade which in itself prima facie shows the crisis or emerging of situation which could have affected the population and constituted a threat to the organized life of the citizens which the State is bound to protect."

"Though the right of freedom of expression cannot be
criminalized, the threat to life of others and public and private property preventing public servants from doing their duty, the actions of violence and damaging property will certainly attract criminal law."

Justice Sharma further says that the mob at the university had turned violent and wanted to violate the law. It (the mob) continued occupying the Jamia campus gates and continued to pelt stones, bottles and tubes and therefore it was not a peaceful assembly which requries… twitter.com/i/web/status/1…

"This Court also notes that freedom to choose the location or route of the assembly in a public accessible place may, on most of occasions, be legitimate right and their use may be protected by right to freedom and peaceful assembly or expression, subject to relevant rules,… twitter.com/i/web/status/1…

"The peaceful assembly has no right to damage public or private property and disrupt organized day to day life of other citizens who are not part of the protest."

Notably, the court also expunged the remarks of the trial court where it had criticised the Delhi Police.
Among other observations, the trial court had said that the Delhi Police had made Imam and others a scapegoat.

In conclusion, the court charged Sharjeel Imam, Safoora Zargar, Mohd Qasim, Mahmood Anwar, Shahzar Raza, Umair Ahmed, Mohd Bilal Nadeem and Chanda Yadav under Sections 143, 147, 149, 186, 353, 427 of the Indian Penal Code, as well as Section 3 of the Prevention of Damage to… twitter.com/i/web/status/1…

Accused Asif Iqbal Tanha, Mohd Shoaib and Mohd Abuzar were charged under Section 143 IPC only and discharged of all other offences.

Read the operative part of the order framing charges against the accused.