Sharjeel Imam: A Victim of Justice
How long will Sharjeel be victim of justice is worth seeing. He is indeed unfolding the reality of the justice system each day
“Expeditiously hear Sharjeel Imam bail plea in UAPA case”.
This is what the Supreme Court of India told the Delhi High Court while rejecting the plea made by the counsel of Sharjeel Imam under Article 32 of the Constitution of India. Sharjeel through his advocate had sought bail in February 2020 Delhi Riots case.
Sharjeel Imam is in jail since 28 January 2020. He wasn’t arrested but had surrendered before the Delhi police. And since then, he is in jail for protesting against the Citizenship Amendment Act (CAA).
According to the Delhi Police, Sharjeel delivered two “very Inflammatory and instigating speeches in his opposition to the CAA and NRC” on 13 December 2019 and 16 January 2020.
For Imam, it has been 4 years 8 months and 27 days for his two speeches.
But remember that guy who while standing with police also made a hate speech. What was done to him?
Is he in jail?
Is his advocate going from Trial court to High court to Supreme Court and then continuing the loop?
No.
For him, it’s nothing of that sort. He is free and is chilling on Twitter though the police claimed they aren't able to locate him.
I am talking about Kapil Mishar, the BJP leader who openly gave a speech in front of a gathering in support the CAA at Maujpur Chowk in Jafrabad area of Delhi.
Mishar openly gave “Ultimatum” to Police to vacate the blocked roads in three days. In case of failure, he would come back and get them cleared by himself, he had said.
Imagine a Muslim leader saying something like this? He would have had been in jail and would have had met the fate of Sharjeel Imam.
Not only Mishra but other BJP leaders like Anurag Thakur, Pravesh Verma and Abhay Verma too delivered hate speeches during the Delhi riots.
Thakur who was a Union Minister back then said:
“Desh Ka gaddaron ko, goli maron salo ko”
[Shoot the traitors of the country.]
He said this while he was referring to the people involved in the protests against the CAA. But nothing was done against him.
After his speech, shooting incidents actually took place but Thakur was not even touched.
On the other hand, five different states filed FIR against Sharjeel Imam. On 25 January 2020, Assam police filed FIR, on the same day Aligarh Police in Utter Pradesh filed FIR against him, Manipur police also filed an FIR, and then on 26 January 2020 Arunchal Pradesh too filed an FIR against Imam, and finally the Delhi Police.
The sections of the FIR in all police stations are almost the same. Sedition, rioting, waging war against the Indian Government and creating enmity between two groups. Assam police only added section 13(1) and 18 of UAPA. Rest its FIR also has the same sections as of others.
Sharjeel while in prison got infected with COVID and tested positive on 21 July 2020. People like Pragya Singh Thakur was granted bail in 2019 after the National Investigation Agency (NIA) dropped some of the serious charges against her.
Remember, Thakur is accused in the 2008 Malegaon bombings where 10 people were killed and 82 others were injured. She was arrested on terror charges after her bike was found to be used for the blast.
Important to mention here. The NIA has a very different and harsh way of working in Kashmir. People here in Kashmir booked by the NIA have no hope of getting out of jail. The only way they will get out of jail is the time they die or some miracle happens. The same NIA however drops some of the serious charges against Thakur and ensures her bail. For me, this is a rarest of rear case where the NIA drops charges.
Nonetheless, Thakur didn’t only walk out of jail but contests and wins the Parliamentary Elections. She was also made part of the 21-member Parliamentary Consultative Committee on Defence.
People like Baba Ram Rahim Singh have been granted 15 paroles in 4 years of imprisonment.
On the other hand, Sharjeel Imam, who’s on his way of completing 5 years in jail as under-trial, has no sign of getting released.
The justice is working in a very brutal way for him.
What a pity, Asaram Bapu like people are being protected by the law but educated scholars are in jail for their dissent.
The Chief Justice of India who’s due to retire speaks very high about judiciary but himself forgets while presiding over a case - Item no 63, Sharjeel Imam’s case in Supreme Court before a division bench.
Imam’s advocate says we have had 64 hearings till now. To this, one of the judges smiles and says, “The High Court is there”, and dismisses the plea.
While dismissing the plea the SC bench also said, “It is requested that HC shall hear the bail application as expeditiously as possible, preferable on the next date”.
But will this make any difference? The question will itself be decided in the High Court.
Sharjeel is the victim of the justice system that’s working in today’s India.
How long will Sharjeel be victim of justice is worth seeing. He is indeed unfolding the reality of the justice system each day.
[The writer, Raqif Makhdoomi, is a Law Student and Human Rights Activist. Views are personal.]
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