Sharjeel Imam Moves Delhi HC Against Dual Criminal Proceedings For Same Speech

The Delhi High Court on Friday issued a notice on the plea filed by Sharjeel Imam, challenging the proceedings against him in two separate cases for the same speech delivered at Jamia Millia Islamia University in December 2019.

A single judge-Justice Rajnish Bhatnagar sought response from the Delhi Police, represented by Special Public Prosecutor Amit Prasad, and scheduled the matter for further hearing on 18^th October.

Imam has challenged the first supplementary chargesheet filed against him in April 2020 in FIR 242 of 2019, registered at New Friends Colony police station, under sections 124A and 153A of the IPC.

According to Sharjeel Imam’s plea, the speech in question was already being investigated in FIR No. 22 of 2020. He contended that it was included as a subject matter in FIR 242 of 2019 through the supplementary chargesheet, which he considers a complete disregard and defiance of the law.

“The act of the Respondent to import the speech in question from the specific FIR registered for the same (FIR No. 22 of 2020) and make it the subject matter of the present prosecution knowing fully well that the Petitioner is already being prosecuted for the same speech before the Special Court constituted under Section 22 of the NIA Act, 2008 is nothing but a classic case of abuse of the statutory power of investigation and therefore, the import and the consequent addition of Impugned charges must be set aside,” the plea stated.

Furthermore, it is argued that multiple criminal proceedings on the same incident against an individual are not permissible. Making the speech delivered at Jamia the subject matter of FIR 242 of 2019 and charging the accused with sedition is deemed to be a blatant violation of Supreme Court judgments in cases such as T.T. Antony v. State of Kerala & Ors. and Arnab Ranjan Goswami v. U.O.I. & Ors.

Sharjeel Imam has also requested that the trial court proceed with the trial in FIR 242 of 2019 regarding all other offenses, excluding section 124A and 153A of IPC, without any further delay.

Currently, Imam is in judicial custody in multiple cases related to the 2020 North-East Delhi riots, which includes the larger conspiracy case that involves charges under the Unlawful Activities (Prevention) Act (UAPA).