New Delhi:
The Supreme Court on Tuesday asked whether JNU alumni Sharjel Imam could be prosecuted in various states for crimes including treason on the same speech.
The apex court was hearing the 2020 petition by the Imam, demanding clubbing several FIRs registered against him in four states, Uttar Pradesh, Assam, Manipur and Arunachal Pradesh, which were for the alleged inflammatory speech given during the protest against the Citizenship (Amendment) Act (CAA).
Senior advocate Siddharth Dave was urged on a bench, including Chief Justice Sanjeev Khanna and Justice Sanjay Kumar, who said that a speech could not be subject to several tests across the country for a speech.
Additional Solicitor General SV Raju, attended for the Delhi Police, who has also filed a criminal case against the Imam, opposed the presentations and said, “They incited a mob in Bihar, a crowd in Uttar Pradesh and Delhi. Crimes are different.” “But the speech is one and the same. If the speech is on YouTube, etc., and then it can be heard across India and the effect will be the same,” CJI said, “indicating a case of dual threat.
CJI said that cases should be transferred to Delhi.
Raju said that he was not representing other states and therefore, there was no instruction on clubbing or transfer of cases.
“Crime against the state is an issue and crime against society is different,” he said.
CJI said, “If there were different speeches then you can be correct. Here, speech is the same … If you agree, you can stay tests in other states.” Raju reiterated his position, after which the bench posted the hearing after two weeks.
The apex court first demanded to know about any objections from Uttar Pradesh, Assam, Manipur and Arunachal Pradesh if the tests against the Imam were transferred to Delhi in several FIRs.
On May 26, 2020, the apex court sought its reactions and the Delhi government to file its answer in the matter.
Delhi Police booked the Imam under the Unlawful Activities (Prevention) Act (UAPA).
On January 28, 2020, the Imam was arrested by the Crime Branch of Delhi Police in a patriotic case for allegedly inflammatory speeches at Jamia Millia Islamia University and Aligarh Muslim University.
The alumni at the Historical Studies Center of Jawaharlal Nehru University was booked on sedation and other allegations following the alleged video of their alleged inflammatory speeches during the protest against CAA.
On January 25, 2020, an FIR was lodged against him by Delhi Police under IPC section 124A (sedation) and 153A (among other provisions, trying to promote the feelings of enmity or enmity on the basis of religion, race, birth, residence, language, caste or community or any other land.
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