Top Story Sharjeel Imam’s advocate tells Delhi court: No offence of...

Sharjeel Imam’s advocate tells Delhi court: No offence of sedition since no call for violence

-

New Delhi Aug 23(ILNS): A Delhi court, today, continued hearing the bail plea filed by Sharjeel Imam in relation to the speeches made by him in Aligarh Muslim University and Shaheen Bagh in Delhi against the Citizenship Amendment Act.

Advocate Tanveer Ahmed Mir counsel for Imam, a Jawaharlal Nehru University student, argued before the court that the offense of sedition could not be made against his client, as no calls for violence were made through his speech.

The court comprised of ASJ Amitabh Rawat was hearing the bail application filed by Sharjeel Imam accused under Section 124A, Section 153A, and Section 505 of the IPC and Section 13 of Unlawful Activities Prevention Act, 1967, for his speeches against the Citizenship Amendment Act at Aligarh Muslim University and Jamia area.

Advocate Mir emphasized the difference between disloyalty to the Government established by law and commenting in strong terms on measures or acts of the Government or its agencies, so as to ameliorate the condition of people or to secure the cancellation or alteration of those acts or measures by lawful means.

Advocate Mir relied upon 1962 AIR 955, Kedar Nath Singh v. the State of Bihar, where the Supreme Court of India observed:

”The explanations appended to the main body of the section(Section 124A) make it clear that criticism of public measures or comment on Government action, however strongly worded, would be within reasonable limits and would be consistent with the fundamental right of freedom of speech and expression. It is only when the words, written or spoken, etc. which have the pernicious tendency or intention of creating public disorder or disturbance of law and order that the law steps in to prevent such activities in the interest of public order.”

“A citizen has a right to say or write whatever he likes about the Government, or its measures, by way of criticism or comment, so long as he does not incite people to violence against the Government established by law or with the intention of creating public disorder.”

He further argued that the right to protest and blockage is not the same as sedition, he relied on ‘Gurjatinder Pal Singh v. the State of Punjab’ where the Punjab and Haryana High Court had held that slogans raised to form a separate state, in itself could not amount to sedition. He also urged the court to keep into account various cases in recent times, where the accused is denied bail but is acquitted, spending many years of their lives in custody.

Special Public Prosecutor Amit Prasad stated that he could argue on both rebuttal and arguments on charge together as the gist remains the same and could be done anytime next week.

The matter has been listed for hearing on September 1 and 2, 2021./ILNS/KR/SNG

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest news

Allahabad High Court asks Uttar Pradesh DGP, SIT members to clarify on police inaction in 2019 Mainpuri teen’s hanging

Allahabad Sept 15 (ILNS) The Allahabad High Court today in the investigation of the case regarding the...

Delhi High Court adjourns hearing in a plea seeking direction to Centre to appoint a chairperson to PMLA Appellate Tribunal

New Delhi Sept 15(ILNS): The Delhi High Court on Tuesday has adjourned its hearing till October 7 in...

SEBI disposes of adjudication proceedings initiated against Yes Bank Limited

Mumbai Sept 15(ILNS): The Securities and Exchange Board of India (SEBI) disposed of the instant adjudication proceedings...

Supreme Court issues notice in appeal filed by Orissa Administrative Tribunal Bar Association

New Delhi Sept 15(ILNS): The Supreme Court today issued a notice in an appeal filed by the...

Lal Gumbad: Delhi High Court asks ASI, DDA to rid pre-Mughal monument of encroachments

New Delhi Sept 15(ILNS): The Delhi High Court, today, asked the Archaeological Survey of India and the...

Bikru encounter: Supreme Court issues notice to UP govt on bail plea of Khushi, sister-in-law of gangster Vikas Dubey

New Delhi Sept 15(ILNS): The Supreme Court today issued a notice in a bail plea filed by...

Must read

You might also likeRELATED
Recommended to you