New Delhi: Plea Bail Student JNU Sharjeel Imam was dismissed on Friday with a city court who said that the tone and speech tenor tended to have a weakening effect on public peace, peace and society harmony.
The priest was arrested for allegedly giving a hayak speech which resulted in violence during the anti-caa protest in the colony of new friends in December 2019.
However, the court said evidence in supporting allegations that rioters were triggered by Imam’s speech to enjoy riots.
, attack the police, etc., in some of the “little and vague” places.
The prosecution claimed that the priest had given a provocative speech on December 13 and December 15 and January 16, 2019.
The case in which the PLEA Bail Priest was dismissed regarding the speech delivered by it on December 13, 2019, which allegedly incited certain religions against the government by creating a concern Based on their minds regarding the cabin and NRC.
Additional Judge Anuj Agrawal said, “No eyewitnesses quoted by prosecution there was also no other evidence of records to show that the accused accused of being supplied and committed to riots, etc.
After hearing priest’s speech.
There was no evidence that strengthened the prosecution that alleged rioting / Joint is part of the audience aimed at the priest that day.
“The next court said the important relationship between speech and subsequent actions of the charges together” lost in a striking “.
“The theory enhanced by the police left the gaping holes, which left an incomplete picture except the gap filled by using arrears and allegations or basically replying to the disclosure of faith and accused him,” command words, “command words.” This is not legally permitted.
” To build a prosecution version of buildings on the basis of imagination or after confession that cannot be accepted before a police officer.
Once the foundation of imaginative imaginative thinking and the delay presented imaginatively removed, the prosecution version of this seems to be destroyed like a home card, “said the court.
Even though the prosecutor specifically argues that the disclosure statement is relevant based on the part of India’s evidence law, it seems nothing else It was “desperate effort” on his side to save the day for prosecution, it was observed.
However, the court said it was not required to enter the carical examination of material placed on record by prosecution at this stage to reduce this case.
The judge concluded that the facts and circumstances and consider the contents of speeches that tend to have a weakening effect on communal peace and harmony, it does not tend to provide guarantees to the priest at this stage.
Interestingly, the court quotes Swami Vivekananda: “We are what has made us make us; So be careful with what you think; Words are secondary; Life’s mind; They traveled far ” Conscience, above all freedom “.
However, the same constitution places reasonable restrictions after exercising words on the rights of public order and obstacles to violations Or any demonstration because he is a citizen who is full of love and law-abiding.
There is no speech delivered by him aimed at distributing dissatisfaction with the government or inciting violence or will of any community.