The Supreme Court dismissed the special leave petition filed by four accused persons in the Jamia Violence case on May 19.
The petitioners had challenged the Delhi High Court's direction to frame charges against them.
The bench of Justice Sanjiv Khanna and Justice M.M. Sundresh stated that the evidence is yet to be recorded, and the trial court will independently assess whether the charges stand proved and established under the relevant sections.
In March, the Delhi High Court framed charges against several individuals, including the four petitioners, under various sections of the Indian Penal Code (IPC) and the Prevention of Damage to Public Property Act. The High Court overturned the trial court's order discharging the accused and concluded that there was a prima facie case of unlawful assembly and rioting based on video evidence of the incident.
The case pertains to alleged acts of violence during the anti-CAA/NRC protests in December 2019 at Jamia Millia Islamia University.
The trial court had earlier discharged the accused in February, stating that the police had made the students "scapegoats" and that there was no evidence to suggest their involvement in the riotous mob. The court emphasized the importance of dissent and the right to freedom of speech and expression.
However, upon the challenge by the Delhi Police, the Delhi High Court reversed the trial court's order, citing the presence of video evidence showing an uncontrollable mob of students engaging in violence. The trial court judge who passed the initial discharge order recused himself when the case returned to the court following the High Court's decision.
Senior Advocate Huzefa A. Ahmadi and several other advocates appeared for the petitioners, while Additional Solicitor General Sanjay Jain and other advocates represented the respondents.
The case is titled, Mahmood Anwar & Ors v. State of NCT Delhi.
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