Northeast Delhi violence: Court reserves order on Sharjeel Imam's bail plea

Delhis Karkardooma Court on Thursday reserved its order on the bail plea moved by Sharjeel Imam who is an accused in a larger conspiracy case related to Northeast Delhi violenceAdvocate Tanveer Ahmed Mir counsel for Sharjeel Imam primarily based his submission on the argument that there can not be an endless or perpetual conspiracy and post his arrest in January 2020 the accused had no role in the violence that broke out in some parts of Delhi in February 2020Mir argued that conspiracy cannot be in perpetuity There is always a start and closing time of it Any act which is done post objective of a conspiracy being achieved cannot be termed to be a part of the conspiracy It is what the Indian evidence Act says We cannot afford to have a system where conspiracies become endless and are rendered in perpetuityHe argued I would differ from SPP when he says that although Sharjeel got arrested and riots happened should still implicate him for conspiracy and that is where the flaw is Even after arrest consequences of riots will not come against meOpposing Sharjeels bail plea Special Public Prosecutor SPP Amit Prasad said When a cricket team plays every player has his own importance In the sequence of openers assuming one wicket is lost that doesnt mean the intent to win the game is lostHe added merely because Imam was removed from the team by the event of his arrest in case FIR No 222020 doesnt mean that the entire conspiracy is abandonedOn this Advocate Tanveer Ahmed Mir questioned How cognizance of sedition and UAPA taken by the court for giving inflammatory speeches at Jamia and Aligarh Muslim University could be sustained in the main conspiracy of the Delhi riots caseHe finally said when there are instances that demonstrate his involvement in a larger conspiracy He can be involved in the larger conspiracy and also speeches The two things will go separately It cant be claimed that merely because he was charged in case FIR No 222020 he can not be charged in case FIR No 59 This FIR deals with larger conspiracyAmit Prasad argued before Additional Session Judge Amitabh Rawat that Sharjeel was part of a larger conspiracy We saw his role right from December 2019 in the constitution of MSJ We saw his close association with Arshad WarsiOn December 17 2019 Sharjeel participated at Jantar Mantar Prior to that there was no whisper of chakka jam in any of the messages or documents that have surfaced in the chat in MSJ between Imam and Warsi of SOJThe SPP further submitted that Sharjeel also participated in a meeting at Jangpura He was part of the CAB team On 9 December is participation was there in MSJ On 11 December he visited Aligarh Muslim University AMU as per the chat with four members of MSJ and on the direction of Nadeem KhanAmit Prasad also submitted there was a chat on December 11 where Sharjeel categorically said There is no need to do over secularisation of movement On 13 December he made a speech at JamiaPrasad said that on December 14 his participation was in Jamia There was discussion on a joint plan of chakka jam and roadblock On the next day there was a meeting at Dhaba in JNU to decide a further plan of action and decision to rope in PFI and other organisations He visited Jamia and thereafter rioting at Sarai Julena took place where 10 police personnel were injured 3 buses were burntHe argued that in a planned manner Imam exited from Shaheen Bagh protest Though he continues to be a part of the background It is reflected from the meeting of 10 February 2020 and his WhatsApp chats The communal hues are clearly reflected from his Facebook post of 12 JanuaryThe SPP further said that on 15 January the chat showed that Sharjeel went to the Khureji protest site and addressed the gatheringTherefore his participation continues On 16 January he went to AMU and gave a speech there On 17 January he visited Asansol in Assam Similarly thereafter he went to Jharkhand We have seen his speech said the SPPOn the other hand Defense Counsel Advocate Tanveer Ahmed Mir submitted that we are here soldiers of justice and if the defense is scuttled down then its one track road At least the silver line in this is that your honour is there That is the beauty of power vested with the courtAdvocate Mir said that the prosecution is under an obligation to show that the agreement entered into within a time frame was an agreement to cause violence And in terms of his speech He will also have to show for whose murder did conspire or be a part of the conspiracyHe said that to say Sharjeel conspired to instigate a riot and inevitable people died because every time in this country someone dies for his ethnicity religion the entire society diesHe argued that the riots take place on 24 February at a place where even allegedly Sharjeel went once to give a speech we are not to be driven by emotive considerations We will decide on merits alone For Sharjeel to give speeches at various places against CAA and NRC with a clear caveat that we dont have to resort to violence how does the prosecution seek to sustain on larger conspiracy I am only on bail at the momentPrima facie does the speech or meeting at Khureji by any stretch of imagination offers a case of criminal conspiracy to kill someone in riots or to commit riots Ki sahab zillat hai aap par agar danga nahi shuru ho Did he say so When did chakka jam become a conspiracy for riots Recently there was a chakka jam in Delhi by political dispensationHe argued that the moment Sharjeel Imam was arrested the case against him for conspiracy if any was over Post arrest nothing can be attached to him for conspiracy This argument is good for bail and also for a chargeThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute 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