A case was registered against Mr. Imam and others in the matter under various provisions of the IPC, Prevention of Damage to Public Property Act (PDPP) and Arms Act.
| Photo Credit: FILE PHOTO

The Delhi High Court on Thursday refused to stay criminal proceedings in the 2019 Jamia violence case in which a trial court has ordered framing of charges against activist Sharjeel Imam.

Justice Sanjeev Narula also issued notice and sought response of Delhi Police on Mr. Imam’s plea challenging the trial court’s March 7 order to frame charges against him in the case. “I am not staying any order right now. You (police) file the reply and we will hear the matter,” the judge said while posting the case for hearing on April 24.

Mr. Imam has challenged the trial court’s order in which the court said he was not only an instigator but also one of the “kingpins of a larger conspiracy to incite violence” and ordered framing of charges against him.

“The impugned order has been passed without any due application of mind and appreciation of the evidence on record and is ex facie illegal…it fails to record any finding in regard the essential ingredients of the offence of 153A (promoting enmity between groups) of IPC being met prima-facie, contradicts its own findings, wrongly reads the speech in question,” Mr. Imam’s petition said.

The plea said the trial court ignored the most relevant parts and failed to even record a single piece of evidence connecting the petitioner’s speech dated December 13, 2019 to the violence which took place on December 15, 2019.

The trial court, in its order, observed that Mr. Imam’s speech of December 13, 2019 near Jamia Millia Islamia University was “venomous” and “pitted one religion against another” aside from being “indeed a hate speech”.

The court was hearing the case against Mr. Imam and others against whom a case was registered at the New Friends Colony Police Station under various provisions of the IPC, Prevention of Damage to Public Property Act (PDPP) and Arms Act.

Delhi Police’s Crime Branch is investigating the matter.