Does Impact Of One Speech By Sharjeel Imam In Different States Amount To Different Offences? Supreme Court To Examine
|The Supreme Court today heard a petition filed by Sharjeel Imam seeking the transfer of criminal cases lodged against him in states like Manipur, Assam, Arunachal Pradesh, Uttar Pradesh, and others to Delhi. Imam contends that all the FIRs arise from the same speech and should be tried together to avoid multiple prosecutions for the same alleged act.
A Bench of the Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar asked, "Suppose he is convicted in Delhi case.. can he be convicted again?"
Additional Solicitor General S.V. Raju responded, "...Instigated a mob in Bihar, a mob in UP and in Delhi.. they are all different offences."
To this, the CJI remarked, "No..the offence will be the same..But if the speech is one and not separate, it will be one offence... "
"The same speech because of the electronic media..and YouTube...the speech can be heard across the country ...but the offence is one, " The Bench added.
During the hearing, Senior Advocate Sidharth Dave, appearing for Imam, submitted, "I cannot be dragged across the country for one speech I made."
ASG Raju argued, "There are offences against the State... an offence against the State may be one...but against the society it will be different...therefore it requires examination."
The CJI then responded, "But there will be double jeopardy.. but yes till no conviction there can be no double jeopardy." The Bench also posed the possibility of staying proceedings in other states, stating, "We can stay trial in other cases of states.. Manipur, Arunachal, UP.. and let it go on in Delhi?"
Dave urged early listing before the Court closes for summer, "For one case can there be 500 prosecutions. Please let it be before summer vacations."
The Bench directed the parties to file their submissions and listed the matter after two weeks.
Background
Sharjeel Imam had earlier moved the Delhi High Court after the Trial court denied him bail under Section 436-A of the Code of Criminal Procedure, 1973 (CrPC). The provision allows undertrial prisoners to seek bail if they have served more than half the maximum sentence prescribed for the alleged offence.
On May 29, 2023, the Delhi High Court granted him bail in a case involving allegedly seditious speeches made during protests against the Citizenship Amendment Act (CAA). However, he continues to remain in custody in connection with a larger conspiracy case linked to the 2020 Delhi Riots.
Communal clashes in North East Delhi during February 2020 between supporters and opponents of the CAA resulted in 53 deaths and hundreds of injuries.
Imam was arrested on January 28, 2020. He has been charged under Sections 124A, 153A, 153B, and 505(2) of the Indian Penal Code, and Section 13 of the Unlawful Activities (Prevention) Act (UAPA). Although charges were framed in March 2022, 22 of the 48 listed prosecution witnesses have been examined so far.
The trial court, while denying him bail, had cited the gravity of allegations and "exceptional circumstances" as reasons, even though Imam had already spent over four years in custody, more than half the maximum sentence under the UAPA charge.
Earlier, Imam had approached the Supreme Court after the Delhi High Court rejected his plea for early hearing of the bail application in September 2023.
Cause Title: Sharjeel Imam v. Govt. Of NCT of Delhi (Diary No. 4730 / 2020)