On Monday, a Delhi court formally charged Sharjeel Imam in connection with the December 2019 Jamia riots, which occurred during protests against the Citizenship Amendment Act (CAA). Additional Sessions Judge Vishal Singh stated that Imam was the key planner behind the alleged conspiracy that resulted in large-scale rioting, arson and violence on December 15, 2019. The Court ruled that Imam’s "venomous" and provocative speeches fuelled the riots, declaring that he was more than just an instigator; he was a "kingpin" who organised and urged people to take to the streets.

“His speech was calculated to evoke anger and hatred, the natural consequence of which was a commission of widespread violence by members of unlawful assembly on public roads. His speech was venomous and pitted one religion against another. It was, indeed, a hate speech,” the court stated.

The judge stated that Imam deliberately influenced the Muslim community, urging them to disrupt public life by organising road blockades (chakka jaam) across multiple states in protest against the CAA. Along with Imam, the court also charged Ashu Khan, Chandan Kumar, and Aasif Iqbal Tanha for allegedly leading the mob and inciting violence. Their mobile location data and media interviews were presented as evidence of their involvement. The court dismissed Imam’s claim that he had only called for peaceful protests, arguing that large-scale road blockades could never be calm in a large city like Delhi.

“In a populous city like Delhi, at any given time, scores of critically ill medical patients requiring urgent treatment are in a rush to reach hospitals. Chakka jaam can potentially lead to deterioration of their condition or even death if they do not receive medical care in time, which would be nothing short of culpable homicide.", as per the order.

On December 15, 2019, violence broke out in the Jamia Nagar area, where several DTC buses, private vehicles, and police property were set on fire, and law enforcement officers faced heavy stone-pelting. The court observed that the incident was not a sudden riot but a pre-planned act.

“The assembling of a huge mob and the mass-scale rioting committed by it was not a random or spontaneous happening and could not have been committed except in pursuance of a larger conspiracy entered into between the self-proclaimed leaders and initiators of the mob activity,” the order stated.

The prosecution claims that Imam played a crucial role in stirring up unrest by delivering provocative speeches and encouraging people to gather in protest. He allegedly organised public meetings, distributed inflammatory pamphlets and used social media to influence Muslim students and activists in the days before the riots. According to the prosecution, his speeches at Aligarh Muslim University on December 11, 2019, and at Jamia University on December 13, 2019, were deliberate attempts to incite unrest. The Court concluded that Imam’s speeches were not just about creating a political movement but were also intended to spark big-scale chaos and violence.

"He provoked his audience by saying that, despite having a significant Muslim population in different States of Northern India, why were they allowing the cities to function normally and why were they not causing chakka jam (complete stoppage of public movement). He evoked a feeling of fear in the mind of the Muslim community by falsely creating an impression that thousands of Muslims were living in detention camps of the government.", the order noted.

Imam defended himself by stating that he was not part of the unlawful assembly involved in the violence on December 15 and that his speech did not encourage violence. His lawyer also argued that charging him again under Section 153A of the IPC was unlawful, as he was already facing a separate case (FIR No. 22/2020) under Sections 124A (sedition) and 153A (promoting enmity), citing the principle of double jeopardy. However, the Court dismissed this argument, ruling that Imam’s involvement in the Jamia violence was a separate matter, warranting fresh charges.

“An accused who openly invoked feelings of anger and hatred in the mind of the Muslim community and instigated them to cause mass-scale disruption in public life in multiple cities could not be heard arguing that the rioting committed by mob on public roads was not intended consequence of his speech,” the order declared.

Based on the evidence presented, the court decided to frame charges against Imam under various sections of the Indian Penal Code (IPC). These include abetment of an offence (Section 109), criminal conspiracy (Section 120B), promoting enmity between groups (Section 153A), and multiple sections related to unlawful assembly, rioting, and armed rioting (Sections 143, 147, 148, 149). He was also charged under provisions for obstructing public servants and assaulting police officers (Sections 186, 353, 332, 333), as well as offences like attempted culpable homicide, mischief, and arson (Sections 308, 427, 435, 323, 341). Additionally, charges were framed under Sections 3 and 4 of the Prevention of Damage to Public Property Act.

However, the charge of sedition (Section 124A IPC) was put on hold, as the Supreme Court had ordered a suspension of all pending sedition cases until it ruled on the law’s validity. Meanwhile, 15 other accused individuals were discharged, with the court stating that their mobile location data alone was not enough to prove their involvement in the riots.

“Unless supported by any other credible evidence of physical presence, the location of a mobile phone is a poor and unreliable indicator of a person’s presence at a given place. On its own, the location of mobile phone cannot be used to either inculpate or exculpate a person in respect of a criminal liability,” the Court judged.

With the charges now formally established, Imam will stand trial for allegedly being the main instigator of the events on December 15, 2019. Advocate Talib Mustafa handles his legal defence, while special public prosecutor Ashish Dutta represents the State.