In a significant hearing on Tuesday, the Supreme Court of India deliberated on whether former Jawaharlal Nehru University student Sharjeel Imam can be prosecuted in multiple states for the same speech, raising concerns about potential double jeopardy.
Sharjeel Imam, who was active during the protests against the Citizenship (Amendment) Act (CAA), faces charges in multiple FIRs across Uttar Pradesh, Assam, Manipur, and Arunachal Pradesh. These charges stem from one alleged inflammatory speech he made, which was widely circulated on platforms like YouTube.
During the proceedings, Chief Justice Sanjiv Khanna, leading the bench with Justice Sanjay Kumar, questioned the rationale behind multiple state prosecutions for a single speech. Senior Advocate Sidharth Dave, representing Imam, argued that subjecting Imam to trials in various states for the same speech was unjust and unnecessary.
Contrastingly, Additional Solicitor General S V Raju, representing Delhi Police, emphasized the distinct impacts of Imam’s speech in different locales, stating, “He instigated a mob in Bihar, a mob in Uttar Pradesh, and in Delhi. The offences are different.”
However, CJI Khanna countered, “But the speech is one and the same. If the speech is on YouTube, etc., and then it can be heard across India and the impact will be the same.” He suggested that the cases should ideally be consolidated and transferred to Delhi to avoid the complications of multiple trials.
Despite Raju’s reservations, as he did not represent the other states and thus could not decide on the clubbing or transferring of cases, the discussion highlighted the complex legal and ethical issues at play.
The hearing was subsequently adjourned for two weeks, with the court awaiting responses from the involved states and the Delhi government on the possibility of transferring all trials to a single court.
Imam’s legal troubles began with his arrest on January 28, 2020, by the Delhi Police from Bihar’s Jehanabad. He faces charges under severe statutes, including the Unlawful Activities (Prevention) Act (UAPA) and Sections of the Indian Penal Code for sedition and promoting enmity among different groups.
