The Delhi High Court in the case Sharjeel Imam v. State observed and has issued the notice in the plea moved by Sharjeel Imam wherein the proceedings are challenged against him in two different cases for the same speech delivered at Jamia Millia Islamia University in December 2019.
The bench headed by Justice Rajnish Bhatnagar in the case observed and seek response of the Delhi Police, which is being represented by Special Public Prosecutor Amit Prasad.
In the present case, the plea is moved by Imam wherein he challenged the first supplementary chargesheet filed against him in the month of April in FIR 242 of 2019 registered at New Friends Colony police station as stated under section 124A and section 153A of the Indian Penal Code, 1860.
It being the case of him that the speech in question was already under investigation in FIR No. 22 of 2020 and that it was made subject matter of FIR 242 of 2019 by way of the impugned supplementary chargesheet in complete disregard and also the defiance of law.
It has been stated in the plea of Sharjeel’s that the act of respondent to import the speech in question from the specific FIR registered for the same and 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 as stated under Section 22 of the NIA Act, 2008 is nothing but a classic case of abuse of the statutory power of investigation and therefore, in the case the the import and the consequent addition of Impugned charges must be set aside.
It has also been prayed by Sharjeel in the court that the trial court be directed to proceed with the trial in FIR 242 of 2019 in respect to all other offences, except as stated under section 124A and section 153A of Indian Penal Code, 1860.
However, Imam is presently under judicial custody in various cases which are registered against him during the 2020 North-East Delhi riots, which includes the larger conspiracy case involving UAPA charges.