The Supreme Court on Tuesday asked if former JNU student Sharjeel Imam can be prosecuted in different states for offences including sedition over a single speech. The top court was hearing the 2020 plea of Imam seeking the clubbing of multiple FIRs registered against him across four states, Uttar Pradesh, Assam, Manipur and Arunachal Pradesh, for the alleged inflammatory speech delivered during protests against the Citizenship (Amendment) Act (CAA). A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was urged by senior advocate Sidharth Dave, who said couldn’t be subjected to multiple trials across the country for one speech. Additional solicitor general S V Raju, appearing for Delhi Police which has also registered a criminal case against Imam, opposed the submissions and said, “He instigated a mob in Bihar, a mob in Uttar Pradesh and in Delhi. The offences are different.” “But the speech is one and the same. If the speech is on YouTube, etc., and then it can be heard across India and the impact will be the same,” the CJI said, indicating a case of “double jeopardy.
The CJI said the cases should be transferred to Delhi.
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Raju said he was not representing other states and, therefore, did not have the instruction over clubbing or transfer of the cases. “Offence against the state is one issue and the offence against society is different,” he said. The CJI said, “If there were different speeches then you may be right. Here, the speech is same…If you agree, then can stay trial in other states.”
Raju reiterated his position following which the bench posted the hearing after two weeks.
The top court previously sought to know from Uttar Pradesh, Assam, Manipur and Arunachal Pradesh about any objection if the trials against Imam in multiple FIRs were transferred to Delhi.
On May 26, 2020, the apex court sought their responses and the Delhi government to file its reply in the matter.
Delhi Police booked Imam under the Unlawful Activities (Prevention) Act (UAPA).
On January 28, 2020, Imam was arrested by the Delhi Police’s crime branch from Bihar’s Jehanabad in a sedition case for allegedly making inflammatory speeches in the Jamia Millia Islamia University and Aligarh Muslim University.
The former student at the Jawaharlal Nehru University’s Centre for Historical Studies was booked on sedition and other charges after purported videos of his alleged inflammatory speeches made during protests against the CAA were circulated on social media.
An FIR was lodged against him by Delhi Police on January 25, 2020 under IPC Sections 124A (sedition) and 153A (promoting or attempting to promote disharmony or feelings of enmity on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever) among other provisions.