NEW DELHI: The Delhi High Court on Tuesday set aside discharge of student activists Sharjeel Imam, Safoora Zargar and Asif Iqbal Tanha, in the Jamia Nagar violence case, saying right to assembly is subject to reasonable restrictions and violent acts, speeches can't be allowed in the name of protest.
A single judge bench of Justice Swarana Kanta Sharma partly allowed an appeal filed by the Delhi police, also noting that the video evidences showed the accused were in the first line of mob, which caused violence in December 13, 2019 during the massive protests against the Citizenship Amendment Act.
"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," the bench said.
On March 23, the court had reserved its judgement on appeal by the Delhi police.
On February 4, 2023, a Delhi court had discharged 11 people, including Imam and Tanha, in the case, saying as the Delhi Police roped in them as "scapegoats" on failing to apprehend actual perpetrators.
The trial court had said that the investigative agencies needed to discern the difference between dissent and insurrection.
The court had also said dissent has to be encouraged and not stifled, with the condition that it should be absolutely peaceful, without degenerating into violence.
The trial judge had said the probe agency should have incorporated the use of technology or gathered credible intelligence against the accused.
"This cherry-picking by the police is detrimental to the precept of fairness," he said.
The court had also said the accused were merely present at the spot and there was no incriminating evidence against them.
