HC overturns discharge order; 11 charged for rioting

Sharjeel Imam, Asif Iqbal Tanha and Safoora Zargar

The Delhi High Court on Tuesday partially set aside a trial court's order discharging 11 people, including JNU student Sharjeel Imam and activists Asif Iqbal Tanha and Safoora Zargar, in a 2019 Jamia Nagar violence case, and ordered framing of fresh charges against them. The HC said prima facie charges of rioting and unlawful assembly are made out against nine of the 11 accused, including Imam, Tanha and Zargar.

"While there is no denial of the right to freedom of expression, this court remains aware of its duty and has tried to decide the issue in that way. Right to peaceful assembly is subject to restriction. Damage to property and peace is not protected," Justice Swarana Kanta Sharma said.

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The high court said the acts of violence or violent speeches are not protected. It added that prima facie, as seen in the videos, some of the respondents were in the first line of the mob and were raising slogans against authorities and violently pushing the barricades. The case concerns the violence that erupted after a clash between the Delhi police and those protesting against the Citizenship (Amendment) Act (CAA) in Jamia Nagar area in December 2019.

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