Last Update: February 05, 2023, 12:18 IST
Chidambaram tweeted and asked whether there was prima facie evidence against the accused (file photo)
A New Delhi court on Saturday discharged 11 people, including student activist Imam and Asif Iqbal Tanha, in the 2019 Jamia Nagar violence case, who said they were made “scapegoats” by the police, and that dissent to be encouraged, not suppressed
A day after a Delhi court acquitted Sharjeel Imam and 10 others in the 2019 Jamia Nagar violence case, senior Congress leader P Chidambaram on Sunday said the criminal justice system that tolerates pre-trial imprisonment, an insult to the Constitution and urged the Supreme Court to put an end to this “daily abuse of law”.
A New Delhi court on Saturday discharged 11 people, including student activist Imam and Asif Iqbal Tanha, in the 2019 Jamia Nagar violence case, who said they were made “scapegoats” by the police, and that dissent To be encouraged, not suppressed.
Reacting to the development, Chidambaram tweeted, asking whether there was even prima facie evidence against the accused.
“Court’s conclusion: Clear numbers. Some of the accused have been in jail for almost three years. Some have got bail after several months. This is pre-trial detention.
“An inept police and overzealous prosecutor are responsible for keeping citizens in jail before trial. What action will be taken against them?” Chidambaram said in a series of tweets.
Who will refund the months or years spent by the accused in jail, he asked.
“Our criminal justice system that tolerates pre-trial detention is an affront to the Constitution of India, particularly Articles 19 and 21. SC should put an end to this daily misuse of law. Chidambaram said, the sooner the better.
“Bless the innovative courts that stand back against misuse of law and uphold liberty,” he said.
Noting that the accused were only present at the protest site and there was no incriminating evidence against them, the court held that dissent is an extension of the fundamental right to freedom of speech and expression, subject to reasonable restrictions.
An FIR was registered in connection with the violence that broke out after clashes between people protesting against the Citizenship (Amendment) Act (CAA) and the police in Jamia Nagar area here in December 2019.
Imam was accused of inciting riots on December 13, 2019, by delivering an inflammatory speech at Jamia Millia Islamia University. He will remain in jail as he is an accused in the larger conspiracy case of the 2020 Northeast Delhi riots.
Additional Sessions Judge Arul Verma said that there were definitely a large number of protesters at the spot and some anti-social elements within the crowd could have created an atmosphere of disturbance and mayhem.
“However, the moot question remains – were the accused persons even prima facie involved in participating in that catastrophe? The answer is an unequivocal no,” said the judge.
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(This story has not been edited by News18 staff and is published from a syndicated news agency feed)