Activist moves HC against framing of charges in anti-CAA protest case

Student activist Asif Iqbal Tanha has moved the Delhi High Court challenging a trial court’s order framing charges against him in connection with the 2019 Jamia Nagar anti-CAA protest case.

Justice Sanjeev Narula heard the matter on Monday, issued notice to the Delhi Police and sought their response. Tanha’s petition has been clubbed with similar pleas filed by other accused, including Sharjeel Imam. The matter will be heard next on October 30.

Tanha has contested the trial court’s March 7 order, which framed charges against him, Imam and nine others. In that ruling, the court observed that Imam played a central role in the alleged conspiracy to incite violence during the protests, describing him as both an instigator and the “kingpin” of the agitation that ultimately led to clashes.

The trial court noted that Imam, despite being a senior PhD student, had cleverly crafted his speech to avoid directly naming any community other than Muslims. However, it held that the indirect intent of his message was clear — to provoke members of one community against others. The court said the target of the “chakka jam” (road blockade) call were people belonging to non-Muslim communities.

It further stated that Imam’s speech was calculated to inflame sentiments and foster hatred, the direct consequence of which was the large-scale violence that erupted. The court had gone so far as to term his speech “venomous” and categorised it as hate speech that pitted one religious group against another.

According to the police, the protest in Jamia Nagar spiralled into violent clashes, during which nearly 41 vehicles, both government and private, were vandalised. Protesters allegedly threw stones at police personnel, prompting retaliatory action. Tanha, like his co-accused, maintains that he has been wrongly implicated and that the charges against him are politically motivated and without merit.

Delhi