“Since further investigations will be conducted, observations made against the investigation agency will not affect any further investigation or prosecution of any accused,” said one female judge, Judge Swarana Kanta Sharma while also issuing a notice on the police’s review petition.
Justice Sharma while listing the order to continue on March 16, has given liberty to the police and the defendants to submit written submissions and relevant case statutes on the matter.
Delhi Police representative, Additional Advocate General (ASG) Sanjay Jain said that only through trial would it be fair to decide if the accused was discharged under an order dated February 4, he was just a curious bystander and had no role in the violence.
He said, “Whether their role in part of the protest is silent, peaceful, or violent, it will appear in the trial. Or will it be prejudged at the indictment stage?”
Criticizing the trial court’s observations regarding the court’s duty to uphold the right to dissent in order to acquit former student and activist of the National Unity University Shargil Imam, Asif Iqbal Tanha and nine others, the Assistant Secretary-General said that no aspect of the opposition was involved in the matter but a matter of It’s simple: an illegal assembly turns violent.
“All of this is good for a seminar or lectures,” he said.
The assistant secretary-general asked the court to issue a notice, requesting the court to issue a temporary order saying that the order of the court of first instance should not affect the ongoing trial against Mohamed Elias because the court found sufficient evidence to bring charges against him, and to further investigate the case. FIR and further filing of a supplementary fee sheet.
“My provisional request,” he said, “is that the Notes be kept. Clarification is necessary, or else without these Notes continuing to haunt me. The Lords may make it clear that the Inquiry and other Charge Papers will remain unaffected. And that this matter may not be relied upon in any proceedings.”
Claiming that the AGM’s report was false, Advocate Sujanya Shankaran told Tanha: “It is absolutely wrong to suggest that the third supplementary charge sheet was not considered at all.”
Tanha’s lawyer said that the court considered the law of “mere presence” in protests and that there was no error in the observations made by the lower court.
“These notes are essential to the kind of prosecution that took place in this case,” Shankaran said.
She added, “Regarding a stay or a partial stay, they can conduct further investigations. Muhammad Elias may be pleaded with in the first place, and he has the right to be heard. This is the jurisdiction of the review.”
While approving the assistant secretary-general’s notes, the court said it would not erase the notes at this stage.
Judge Sharma said, “I cannot interfere with the investigation. I am calling TCR in digital form. I don’t need case notes because I hear it against discharge, not acquittal. I will just say those notes made against the investigation agency will not affect them at all. I am not deleting the notes now.” “.
The Assistant Secretary General also argued in relation to Saket Court Complex Additional Sessions Judge Arul Verma’s remarks, who withdrew the police and said that the police were unable to arrest the actual culprits behind the commission of the crime, but they certainly managed to lock up these 11 accused. “Scapegoat”.
Violence broke out at the Islamic University in December 2019, after a clash between police and people protesting the Citizenship Amendment Act (CAA).
The protesters were certainly there in large numbers, Verma said, and there is no denying that some anti-social elements within the crowd created an environment of unrest.
However, the moot question remains as to whether the defendants here were prima facie complicit in participating in that mess.
ASJ Verma has filed charges of illegal assembly and rioting against Mohamed. Despair.
He pointed out that “Photographs of Muhammad Elias were clearly shown in a newspaper, throwing a burning tire, an explicit act was attributed to him, and he was duly identified by police witnesses.”
Disclaimer: This story is automatically compiled by a computer program and was not created or edited by FreshersLIVE.publisher : IANS-Media
