‘Scanty and sketchy evidence’ against Sharjeel Imam, yet denied bail

Jawaharlal Nehru University (JNU) student Sharjeel Imam, has been denied bail by Additional Sessions Judge Anuj Agarwal in Delhi today, although the judge said the evidence against the accused that his speech instigated the mob to riot and attack the police was “scanty and sketchy.

Sharjeel Imam was arrested on charges of making inflammatory speech on the Citizenship (Amendment) Act (CAA)-National Register of Citizens (NRC) in Delhi, in December 2019

 Judge Agarwal said in his order today, “I am of the prima facie view that the evidence in support of the allegations (rioters got instigated by the speech dated 13.12.2019 of applicant/accused and thereafter they indulged in the acts of rioting, mischief, attacking the police party etc), is scanty and sketchy. Neither any eye witness has been cited by prosecution nor there is any other evidence on record to suggest that co-accused got instigated and committed the alleged act of rioting etc upon hearing the speech of applicant/accused Sharjeel Imam.”

The Judge further stated that the essential link between the speech dated 13.12.2019 and the subsequent acts of co-accused is conspicuously missing in the instant case.

Though there is not enough evidence to show that Iman’s speech led to violence, the judge relied on a Supreme Court judgement to deny bail to the accused.

The Judge relied on Reliance is placed upon Supreme Court judgment on Vaman Narain Ghiya v. State of Rajasthan where the Supreme Court observed, “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.”

“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,” Judge Agarwal said while denying bail to the JNU scholar.