Sharjeel: Had left stir before violence began
New Delhi, Jan. 9 -- Student activist Sharjeel Imam on Thursday told a Delhi court that he had withdrawn from the protests against the Citizenship Amendment Act well before violence broke out in northeast Delhi in February 2020. His counsel argued that the co-accused had asked him to step away because they said his speeches were giving a "communal colour" to the movement.
Appearing before the additional sessions judge Sameer Bajpai at Karkardooma Courts, Imam's counsel, advocate Talib Mustafa, argued the prosecution's case itself showed Imam was sidelined midway and had no role in any alleged conspiracy behind the riots.
"[The co-accused] thought that the protest was turning communal and that I was the most renowned figure among them who was giving it that colour. So, I withdrew from the movement by January 2. Till then, there was no violence," Mustafa submitted.
The arguments mark a significant shift, as this is the first time Imam has sought to distance himself from other co-accused. They came two days after the Supreme Court rejected his bail plea, holding he and Umar Khalid played a "central and formative" role in the "conspiracy."
Mustafa contended that even per the prosecution, Imam's alleged involvement was limited to December 2019, weeks before the violence, ruling out participation in February 2020 planning.
He argued that alleged acts like drafting pamphlets and addressing protest sites at Shaheen Bagh and Jamia Millia Islamia did not attract provisions of the Unlawful Activities (Prevention) Act (UAPA).
"I told everyone that with elections impending, mobilisation should not increase and violence should not take place. Till I was heading the protest, there was no violence," Mustafa said, claiming Imam consistently advocated non-violence. He added Imam was never part of the Delhi Police Support Group (DPSG) WhatsApp group, used allegedly to coordinate chakka jams, but had created a separate group - Muslim Students of Jamia - for peaceful protest.
The defence also rejected claims the protests were timed with then US President Donald Trump's February visit, noting Trump's schedule was announced after Imam's January 28 arrest. In a pointed submission, the defence specifically distanced Imam from Umar Khalid, rejecting police claims of mentorship.
"There is no call record or meeting to show that I was mentored by Umar Khalid. We had not spoken for almost six years on campus," Mustafa told the court.
The Supreme Court, while refusing bail to Imam and Khalid on January 5, granted bail to five co-accused - Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohd Saleem Khan and Shadab Ahmed - observing their continued incarceration was not indispensable for a fair trial.
As many as 18 accused are facing prosecution in the case, pertaining to an alleged coordinated conspiracy culminating in communal violence in northeast Delhi in February 2020 that left 53 dead and hundreds injured. Eleven of the accused are currently out on bail....
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