New Delhi: A Delhi court has ruled that former JNU scholar Sharjeel Imam was not just an instigator but a key conspirator behind the anti-Citizenship Amendment Act (CAA) protests that turned violent in 2019. In its March 7 order, the court described Imam’s speeches as “venomous”, aimed at fueling communal tensions and triggering large-scale disruptions through unlawful means.
Court Observations on Sharjeel Imam Role
Presiding over the case, Additional Sessions Judge Vishal Singh observed that Imam systematically delivered provocative speeches across multiple locations, including Munirka, Nizamuddin, Shaheen Bagh, and Jamia Nagar in December 2019. These speeches, the court noted, were designed to provoke the Muslim community against the government’s CAA and NRC policies.
Rejecting Imam defense that he neither participated in nor directly incited rioters, the court stated:
“His speech was venomous and pitted one religion against another. It was, indeed, a hate speech designed to evoke anger and hatred, naturally leading to violence.”
The court further noted that, although Imam did not explicitly mention other communities, his words were carefully crafted to incite disruption, particularly through his call for a ‘chakka jam’ (road blockade).
Sharjeel Imam Arrest and Charges
Imam was arrested in January 2020 on charges of inciting communal violence during the anti-CAA protests. While he has repeatedly denied the allegations, claiming his speech was misinterpreted and based on edited video clips, the court found sufficient evidence to frame charges against him and 10 other accused.
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The court has ordered charges against Imam under multiple Indian Penal Code (IPC) sections, including:
- Section 109 (abetment of an offense)
- Section 120B (criminal conspiracy)
- Section 153A (promoting enmity between different groups on religious grounds)
- Sections 143, 147, 148, 149 (unlawful assembly and rioting)
- Sections 186, 353, 332, 333, 308, 427, 435, 323, 341 (assault, obstruction of public servants, grievous hurt, and damage to property)
- Sections 3/4 of the Prevention of Damage to Public Property Act
Meanwhile, 14 other individuals were discharged due to lack of evidence, as there were no witnesses or CCTV footage linking them to the scene.
Sharjeel Imam Alleged Role in Protests
The prosecution alleged that Imam played a critical role in mobilizing protesters, particularly through speeches delivered at Aligarh Muslim University (AMU), Jamia Millia Islamia, and Shaheen Bagh:
🔹 December 11, 2019: Imam allegedly visited AMU and incited students to act against the government.
🔹 December 13, 2019: He was present in Jamia Nagar, meeting students and residents, allegedly urging them to block public roads in protest.
🔹 December 15, 2019: Imam allegedly gave another speech in Shaheen Bagh, further fueling anti-government sentiments.
The court noted that this instigation directly led to a violent gathering outside Jamia Millia Islamia, which later resulted in rioting in Southeast Delhi, particularly in New Friends Colony, where over 40 vehicles, including DTC buses and government property, were vandalized. Several police officers were injured in stone-pelting incidents.
Legal Defense and Future Course of Action
Imam’s lawyer, Advocate Ibrahim Ahmed, has stated that they will challenge the court’s decision. He argued that the charges were based solely on a co-accused’s claim of being influenced by Imam’s speech, rather than direct evidence of him instigating violence.
“The order does not address whether Sharjeel Imam directly instigated the mob. The only evidence against him is a co-accused claiming to have been influenced by one of his speeches. We will be challenging this order,” Ahmed said.
Significance of the Charges
The framing of charges marks a crucial step in one of India’s most high-profile cases linked to the anti-CAA protests. It formally outlines the specific allegations against Imam and others, based on prima facie evidence and legal arguments.
The court also made it clear that a ‘chakka jam’ (road blockade) cannot be considered peaceful in a city like Delhi, as it disrupts public movement, prevents critical medical emergencies, and can have life-threatening consequences.
“Even if the mob does not engage in violence or arson, a road blockade is still a violent act by one section of society against another,” the court remarked.
What Next?
With the framing of charges now official, Sharjeel Imam’s case will move to the trial stage, where both the prosecution and defense will present their arguments. His legal team has confirmed that they will challenge the order in a higher court.
As the case progresses, it remains one of the most closely watched legal battles in recent Indian history, with implications for free speech, protests, and communal harmony.
