Delhi Court denies bail to Sharjeel Imam in sedition case, quotes Vivekananda in order

Delhi's Saket Court on Friday refused to grant bail to Jawaharlal Nehru University (JNU) student leader Sharjeel Imam in a case relating to an alleged speech given by him at Jamia Milia Islamia on December 13 two years ago. Additional Sessions Judge Anuj Aggarwal while denying bail to Imam noted that the speech given by Imam on December 13 was on "communalism lines".

"...suffice it would be to observe that a cursory and plain reading of the speech dated 13.12.2019 reveals that same is clearly on communal/divisive lines. In my view, the tone and tenor of the incendiary speech tend to have a debilitating effect upon public tranquility, peace and harmony of the society," the judge said. 

While penning the order, the Additional Sessions Judge also quoted Swami Vivekananda saying: "We are what our thoughts have made us; so take care about what you think; Words are secondary; Thoughts live; they travel far." The judge, however, at this stage, refused to comment if the speech falls under the ambit of section 124A (sedition) saying that the same requires deeper analysis.  

"Thus in view of settled position of law, the issue whether the said. speech would fall within ambit of ion 124A IPC or not, requires a deeper analysis at an appropriate stage," the order read.

The court also contended that fundamental right of freedom of speech and expression cannot be exercised at the cost of communal peace and harmony of the society. "The fundamental right of 'freedom of speech and expression as enshrined under Article 19 has been placed upon a very high pedestal in constitution of this country and its essence is well captured in statement of John Milton, the Famous British Poet and Intellect who says "give me the liberty to know, to argue freely, and to utter according to conscience, above all liberties". However, the very same constitution places, reasonable restriction upon exercise of said right inter alia on the grounds of public order and incitement to offence," the judge said. 

"....article 51A(e) of the Constitution also casts a fundamental duty upon citizens of this country to promote harmony and spread common brotherhood amongst all the people of India, transcending religious, linguistic and regional or sectional diversities. Therefore, it is no gainsaying that fundamental right of freedom of speech and expression cannot be exercised at the cost of communal peace and harmony of the society," it added.

The case relates to FIR 242 registered at PS Crime Branch, New Friends Colony. As per the prosecution, on 15.12.2019 at about 11.15 am, an information regarding demonstration against the Citizenship Amendment Bill (CAB) by the students and residents of Jamia Nagar was received at concerned police station. It was reported that they will march towards Parliament. 

At around 2.20 pm, a large gathering of about 2,500 persons armed with lathis assembled near Escort Hospital, Sarai Julena Chowk. At about 3.22 pm, despite warning, the mob consisting of around 3,000 to 3,500 started advancing towards Sarai Julena Village and Sujan Mahindra Road. When the mob tried to cross the barricades placed by police at Surya Hotel for marching towards Parliament, they were stopped from marching ahead," the FIR states.

As per prosecution, instead of going back, the mob started moving towards Mata Mandir Road to reach Mathura Road/Ashram Chowk via Sujan Mahindra Road and CV Raman Marg. It is alleged that the said mob blocked traffic movement on the road and started damaging public/private vehicles and properties with sticks, stones and bricks. It is further alleged that some of the miscreants were having inflammable material. They also targeted the police personnel and started pelting stones upon them.