In a very major setback to Sharjeel Imam, a Delhi Court in Sharjeel Imam vs State (Application for grant of regular bail) in FIR No. 242/19 has today itself that is on October 22, 2021 dismissed the regular bail plea filed by Sharjeel Imam in a 2019 case alleging that he delivered provocative speeches which led to Delhi riots at various places observing that the tone and tenor of the incendiary speech tend to have a debilitating effect upon public tranquility, peace and harmony of the society.

Sharjeel Imam must definitely read what happened with Mohammad Amir Khan who was wrongly jailed on terror charges and wrongly kept in jail for 14 years. His father fought hard for him and regularly visited lawyers, spent days and days, months and months and years and years to get all the necessary work done for his bail sitting with babus, left his job and what not and leaving everything to secure bail for his son but he died as he was most hurt by taunting remarks of people referring to him as father of terrorist and not just this his mother also got paralysed and broken completely on hearing his son being booked on terror charges and still he never once said anything against India rather reiterated his undying love for India always which shook even NHRC to the hilt which announced Rs 5 lakh compensation to him and not once did he say anything against Hindus or India for which I feel he deserves my bowing head in front of him most proudly even though my best friend Sageer Khan had said to me way back in 1994 that never bow your head in front of any living person and bow it only in front of God Shiv whom you worship and never in front of God Allah whom I worship! How much time has Sharjeel spent in jail till now? He never went to jail earlier prior to his delivering hate speech!

Yet he ranted loudest against India and about Mohammad Amir Khan we all know how he reiterated always his undying love for India despite spending 14 years in jail and losing both his father and mother due to his being wrongly jailed!

It is most heartening to read in this brief, brilliant, bold and balanced judgment authored by Additional Sessions Judge Anuj Agrawal of Saket Courts in New Delhi that:
That apart, article 51A(e) of the Constitution also casts a fundamental duty upon citizens of this country to promote harmony and spread common brotherhood amongst all the people of India, transcending religious, linguistic and regional or sectional diversities. Therefore, it is no gainsaying that fundamental right of 'freedom of speech and expression' cannot be exercised at the cost of communal peace and harmony of the society. Sharjeel has only invited trouble on himself by ranting against India and those who stayed behind the curtains will sympathise with him but definitely they won't go to jail in his place as they only know how to mislead but never themselves go to jail! Sharjeel must at least now wake up and learn something with what he has gone through!

While this judgment which comes on application under Section 439(1) CrPC sets the ball rolling by first and foremost recalling the old adage of Swami Vivekananda that:
We are what our thoughts have made us; so take care about what you think; Words are secondary; Thoughts live; they travel far. In this context, let me recall what my best friend Sageer Khan had said about India in 1993-95 that:
India is the best country for the Muslims in the world to live in. Muslims enjoy maximum liberty in India. Muslims can indulge in polygamy till now in 1995 but Pandit Nehru most wrongly imposed monogamy only on Hindus alone in 1955 even though Dr BR Ambedkar favoured continuation of polygamy in his Hindu Code Bill and he also wanted it to be included just as a ground for divorce yet Hindus accepted it so quietly that astonishes me to the hilt. No PM can dare abolish polygamy in India as every PM know that even though Muslims have never become PM but if polygamy is abolished Muslims will get mad in anger and never tolerate it most quietly unlike Hindus who tolerated it most quietly even though in British India, Mughal India, Sultanate India and prior to that Hindus both men and women could marry as many as they wanted. Such is the fear of Muslims in India and we are enjoying it till now and we will enjoy it forever as no PM can ever have the guts, gall and gumption to abolish it for Muslims. Not a single mosque should ever be built in Ayodhya, Kashi and Mathura as all these cities are Hindu holy cities since time immemorial. How will Muslims feel if Hindus demand temple in Mecca or Medina? Muslims are so miser on this that they can't allow any single temple where they are in majority as we see in Gulf countries. Triple talaq was abolished in Pakistan in 1961 but in India it is still continuing in 1995. Those who rant slogans for Pakistan will never go to Pakistan as Indian Muslims are discriminated in Pakistan and the people of Baluchistan, Sindh and Pok apart from Shia Muslims to whom founder of Pakistan Mohammad Ali Jinnah belonged are not happy as they are killed at the drop of a hat.

To start with, it is put forth in para 1 that:
Shorn of verbiage the relevant facts as discernible from record, may be taken note of: On 15.12.2019 at about 11.15 am, an information regarding demonstration against the Citizenship Amendment Bill (CAB) by the students and residents of Jamia Nagar was received at concerned police station. It was reported that they will march towards Parliament. At around 2.20 pm, a large gathering of about 2,500 persons armed with lathis assembled near Escort Hospital, Sarai Julena Chowk. At about 3.22 pm, despite warning, the mob consisting of around 3,000 to 3,500 started advancing towards Sarai Julena Village and Sujan Mahindra Road. When the mob tried to cross the barricades placed by police at Surya Hotel for marching towards Parliament, they were stopped from marching ahead.

What next follows is then stated in para 2 that:
As per prosecution, instead of going back, the mob started moving towards Mata Mandir Road to reach Mathura Road/Ashram Chowk via Sujan Mahindra Road and CV Raman Marg. It is alleged that the said mob blocked traffic movement on the road and started damaging public/private vehicles and properties with sticks, stones and bricks. It is further alleged that some of the miscreants were having inflammable material. They also targeted the police personnel and started pelting stone upon them. On these allegations, FIR in the instant case was registered at PS New Friends Colony. One of the accused was identified as Furkan, who was arrested and his disclosure statement was recorded on 23.01.2020.

Be it noted, the Bench then envisages in para 3 that:
The material part of said disclosure statement is being reproduced for the sake of convenience:- Usi din dinank 13.12.19 ko JNU se aaye ek bade baal wa daadi wale ladke ne apne aap ko Sharjeel Imam batate hue Jamia University gate No.7 ke bahar metro line ke pillar No.54 ke paas bhasan diya tha jisme mein maujood tha, Sharjeel Imam ne apne bhasan mein CAA & NRC kanoon ko virodhi batate hue bhasan diya tha ki government ko hum sabhi (accused refers to a particular community) ne milkar jhukana hai aur iska purjor virodh kara kar ke sabhi ilake mein chakka jaam karna hai yadi hum aisa nahin karenge toh hum sabhi (accused refers to a particular community) ko Detention Camp mein daal diya jayega aur humein desh se bahar jabardasti bhaga diya jayega, jo Sharjeel Imam ka bhasan sunkar mere wa anya logon ke andar sarkar wa CAA & NRC ke prati gussa bhar gaya tha. 15.12.19 ko bhi Sharjeel Imam ne dubara CAA NRC ke chalte Jamia Nagar ilake mein bhasan diya tha aur logon ko sarkar ke khilaaf uksaya tha jo mere andar aur kaafi gussa bhar gaya. Mujhe pata chala ki CAA & NRC ka Jamia Nagar, Jamia University wai Batla House ke log virodh kar rahe hain, jo mein us dinank 15.12.2019 apne ek sathi Nohman wai kuch anya logo ke saath julus mein shamil ho gaya.

While continuing further, it is then stated in para 4 that:
Rest of the said disclosure was to the effect that co-accused Furkan alongwith other assailants committed arson, rioting, stone pelting. After investigation, chargesheet under section 143/147/148/149/186/353/332/333/307/ 308/427/435/323/341/120B/34 IPC & 3/4 Prevention of Damage to Public Property Act & under section 25/27 Arms Act was filed against 09 accused including accused Mohd. Furkan and matter was stated to be pending investigation qua applicant/accused Sharjeel Imam.

Most significantly, what forms the cornerstone of this extremely learned judgment is then stated in para 13 that:
The fundamental right of 'freedom of speech and expression' as enshrined under Article 19 has been placed upon a very high pedestal in constitution of this country and its essence is well captured in statement of John Milton, the Famous British Poet and Intellect who says give me the liberty to know, to argue freely, and to utter according to conscience, above all liberties. However, the very same constitution places, reasonable restriction upon exercise of said right inter alia on the grounds of public order and incitement to offence. That apart, article 51A(e) of the Constitution also casts a fundamental duty upon citizens of this country to promote harmony and spread common brotherhood amongst all the people of India, transcending religious, linguistic and regional or sectional diversities. Therefore, it is no gainsaying that fundamental right of 'freedom of speech and expression' cannot be exercised at the cost of communal peace and harmony of the society.

To be sure, it would be instructive to note that the Bench then observes in para 14 that:
Further, it is a settled proposition of law that at this stage, the court is not required to enter into a meticulous examination of the material placed on record by prosecution so as not to unnecessarily prejudice the case of either side. Reliance is placed upon judgments of Vaman Narain Ghiya v. State of Rajasthan (2009) 2 SCC 281, wherein the Hon'ble Supreme Court observed as follows: While considering an application for bail, detailed discussion of the evidence and elaborate documentation of the merits is to be avoided. This requirement stems from the desirability that no party should have the impression that his case has been pre-judged. Existence of a prima facie case is only to be considered. Elaborate analysis or exhaustive exploration of the merits is not required.

Quite significantly, the Bench then notes in para 15 that:
Thus in view of settled position of law, the issue whether the said speech would fall within ambit of section 124A IPC or not, requires a deeper analysis at an appropriate stage. However, suffice it would be to observe that a cursory and plain reading of the speech dated 13.12.2019 reveals that same is clearly on communal/divisive lines. In my view, the tone and tenor of the incendiary speech tend to have a debilitating effect upon public tranquility, peace and harmony of the society.

As a corollary, the Bench then holds in para 16 that:
Therefore, in the facts and circumstances of the present case and considering the contents of speech dated 13.12.2019 which tend to have a debilitating effect on the communal peace and harmony, I am not inclined to grant bail to applicant/accused Sharjeel Imam at this stage. The accused cannot claim any parity with co-accused as his role is entirely different from other coaccused. Accordingly, the instant application moved on behalf of applicant/accused Sharjeel Imam for grant of regular bail stands dismissed.

In addition, it is then further added in para 17 that:
Application stands disposed of accordingly. Dasti to all concerned either physically or through electronic mode. Order be uploaded on official website.

Finally, it is then held in para 18 that:
I may clarify that nothing expressed herein shall tantamount to an expression on the merit of present case.

In conclusion, Sharjeel Imam has a lot of options still open before him. He has the option to fight the case still ahead first in District Court, then in High Court also and then in Supreme Court also. But he must reflect with a cool mind as to why he ranted so strongly when Mohammad Amir Khan inspite of wrongly being jailed on terror charges for 14 years which all proved to be wrong still never ranted even once against India or against Hindus! Of course, if he adheres to what the learned Additional Sessions Judge Anuj Agrawal has held, he will stand to gain a lot. If he reforms himself, he still has many precious years which he can lead most peacefully just like other Muslims who are all living comfortably and peacefully in India!

Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh.