Today, Delhi High Court issued notice on the plea submitted by Sharjeel Imam challenging proceedings against him in two different cases for the same speech delivered at Jamia Millia Islamia University in December 2019.

The single-headed bench of Justice Rajnish Bhatnagar sought a response from the Delhi Police, which is represented by Special Public Prosecutor Amit Prasad, and listed the matter for hearing on October 18.

The counsel for Imam, Advocates Talib Mustafa, Ahmad Ibrahim and Ayesha Zaidi challenged the chargesheet filed against him in April 2020 in FIR 242 of 2019 registered at New Friends Colony police station under sections 124A and 153A of IPC.

“The act of the Respondent to import the speech in question from the specific FIR registered for the same (FIR No. 22 of 2020) and make it the subject matter of the present prosecution knowing fully well that the Petitioner is already being prosecuted for the same speech before the Special Court constituted under Section 22 of the NIA Act, 2008 is nothing but a classic case of abuse of the statutory power of investigation and therefore, the import and the consequent addition of Impugned charges must be set aside,” Sharjeel’s plea reads.

Sharjeel has also prayed that the trial court be directed to proceed with the trial in FIR 242 of 2019 in respect to all other offences, except sections 124A and 153A of IPC, without any further delay.

“CrPC. Thus, there can be no second FIR and consequently there can be no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence or the same occurrence or incident giving rise to one or more cognizable offences,” he has submitted.

Imam is presently under judicial custody in various cases registered against him during the 2020 North-East Delhi riots, including the larger conspiracy case involving UAPA charges.

Title: Sharjeel Imam v. State