Sharjeel challenges multiple proceedings in 2 cases for 1 speech

NEW DELHI: Delhi High Court on Friday sought the stand of the police on a plea by jailed student activist Sharjeel Imam challenging the slapping of offences of sedition and hate speech in a criminal case concerning his alleged objectionable speech delivered at Jamia Millia Islamia in December 2019.
Justice Rajnish Bhatnagar issued notice on the petition. He granted time to the prosecution to answer why the charges were added in the first supplementary chargesheet filed in the case on April 16, 2020.
Imam's counsel said the challenge to the supplementary chargesheet was the addition of the offences of sedition, whose operation has been stayed by the Supreme Court, and hate speech.
The lawyer said a separate FIR for the same offences has already been registered by Delhi Police in relation to two of his speeches during the anti-CAA protests, including the speech in question.
Imam was booked in the current FIR based on the violence that took place at Jamia and Mata Mandir Marg on December 15, 2019, for various offences under the Indian Penal Code, including rioting and attempt to commit culpable homicide, and Prevention of Damage to Public Property Act.
The case was handed over to the Interstate Cell, Crime Branch and Imam was arrested on February 17, 2021, based on the disclosure statement of a co-accused who claimed he was instigated to commit the offences after hearing the December 13, 2019 speech by Imam.
The first supplementary chargesheet added sections 124A (sedition) and 153A (promoting enmity between various groups) of the IPC against Imam. In the plea, Imam argued there could not be multiple criminal proceedings on the same incident against a person and multiple prosecutions were illegal and against the constitution.