‘Cut off Assam, chakka jam’: Delhi Police shows Sharjeel Imam’s clips before Supreme Court during bail hearing Supreme Court of India, New Delhi. Photo: Anupamg / CC BY-SA 3.0 (Wikimedia Commons) In a closely watched development in the Sharjeel Imam bail hearing, the Delhi Police played video clips of the former JNU research scholar’s speeches before the Supreme Court on Thursday, underscoring remarks such as “cut off Assam” and “chakka jam” made during the anti-CAA protests in late 2019 and early 2020. The police contended that the clips demonstrate a deliberate call to disrupt public order and national connectivity, arguing against the grant of bail while cases under sedition and Section 13 of the Unlawful Activities (Prevention) Act (UAPA) remain pending. Imam has been in custody since 2020, facing multiple charges arising from his speeches and alleged involvement in protests against the Citizenship (Amendment) Act (CAA). His legal team has sought bail citing prolonged incarceration, the Supreme Court’s 2022 interim order effectively pausing the operation of the sedition law, and the constitutional protection afforded to political speech, however provocative, unless it incites imminent violence. The bench heard competing narratives: the prosecution’s portrayal of Imam’s words as a call to sever the Northeast’s access—“cut off Assam”—and to blockade public spaces through “chakka jam,” against the defense’s assertion that his comments, though contentious, were rhetorical, non-violent in intent, and protected by Article 19(1)(a) of the Constitution. The Delhi Police told the court that the video excerpts reflect not just dissent but a calibrated strategy to foment disruption, with potential national security implications that justify continued detention under UAPA. What the video clips mean for the Sharjeel Imam bail hearing – The prosecution’s emphasis: By foregrounding the phrases “cut off Assam” and “chakka jam,” the police sought to frame Imam’s speech as a call for civil obstruction beyond the boundaries of lawful protest. They argued that even absent an overt call to violence, incitement to widespread disruption can meet the threshold for unlawful activity under Section 13 of UAPA. – The defense’s response: Counsel for Imam pushed back, insisting that the remarks were made in the context of mass civil disobedience against a controversial law, and that the state is stretching political hyperbole into criminality. They highlighted that sedition prosecutions have been effectively stayed for reassessment since May 2022 and argued that this significantly weakens the foundation of the case for continued incarceration. – The constitutional question: The court is confronted with the line between protected speech and punishable incitement. Past Supreme Court rulings have distinguished abstract advocacy or hyperbolic rhetoric from speech that is both intended and likely to cause imminent lawless action. The defense contends the state has not demonstrated this imminence; the prosecution says the scale, timing, and content of the speeches show a real risk to public order. Background: Charges, timeline, and the sedition backdrop Imam, a former research scholar at Jawaharlal Nehru University, was arrested in January 2020 amid nationwide anti-CAA protests. He faces charges including sedition under Section 124A of the Indian Penal Code and alleged commission of unlawful activity under Section 13 of UAPA. The latter penalizes advocacy or assistance of unlawful activities, a broad formulation that has often come under scrutiny for its potential to capture non-violent political speech. In May 2022, the Supreme Court effectively put sedition cases on hold across the country, directing that no new FIRs be registered under Section 124A and that ongoing proceedings be kept in abeyance while the Union government reconsiders the provision. That interim protection has been a central plank of Imam’s bail push, with his counsel saying that prolonged pretrial incarceration, especially when a key charge is paused by the top court’s own order, militates against basic fairness. The prosecution, however, points to the presence of UAPA counts to argue that the case against Imam is not solely about sedition. UAPA proceedings carry their own, stringent bail bar under Section 43D(5), which requires courts to decline bail if a prima facie case exists on the case diary or charge sheet. The state contends that the speeches and the context of the protests meet this prima facie threshold, a claim the defense disputes. Key questions before the court – Does the content and context of Imam’s speeches amount to unlawful activity as defined under UAPA Section 13, or do they remain within the bounds of protected dissent? – Given the Supreme Court’s interim order on sedition, can the state still rely on the broader matrix of facts and other laws to justify continued custody? – Has the lengthy incarceration—since 2020—tipped the balance toward bail in light of the constitutional presumption of liberty and the pace of trial? – How should courts evaluate video clips presented by the state in bail hearings: as conclusive of intent, or as pieces requiring full trial scrutiny? Defense counsel has stressed that bail, not jail, should be the norm, particularly where the alleged conduct is speech-centric and where there has been no finding of guilt after several years. The state, leaning on the gravity of charges and the alleged impact of the speeches on the ground, argues that releasing Imam could undermine the process and send the wrong signal during ongoing trials tied to the anti-CAA unrest. Anti-CAA protest in New Delhi, 2019. Photo: Sumita Roy Dutta / CC BY-SA 4.0 (Wikimedia Commons) What’s next in the Sharjeel Imam bail hearing The bench reserved further directions after viewing the clips and hearing brief submissions, indicating it would continue examining the legal impact of the sedition stay alongside UAPA allegations. A definitive order on bail will likely turn on whether the court finds a prima facie nexus between Imam’s words and unlawful activity, and how it weighs years of pretrial detention against the severity of the allegations. For observers, the Sharjeel Imam bail hearing sets up a significant test of how India’s highest court will harmonize the constitutional guarantee of free speech with the state’s powers under security laws. It also revisits the boundaries of civil disobedience—where protest ends and punishable incitement begins—at a time when the jurisprudence on sedition is in flux. Regardless of the outcome, the case will be read as a signal on the judiciary’s approach to speech-related prosecutions tied to mass movements. With the sedition law under reconsideration and a chorus of calls for precision in policing dissent, the court’s decision on bail could offer a roadmap for lower courts navigating similar cases. Until then, the spotlight remains on the words played in court—“cut off Assam,” “chakka jam”—and on how the law interprets them in the continuum between dissent and disorder. News by The Vagabond News
INDIA NEWS

‘Cut off Assam, chakka jam’: Delhi Police shows Sharjeel Imam’s clips before Supreme Court during bail hearing Supreme Court of India, New Delhi. Photo: Anupamg / CC BY-SA 3.0 (Wikimedia Commons) In a closely watched development in the Sharjeel Imam bail hearing, the Delhi Police played video clips of the former JNU research scholar’s speeches before the Supreme Court on Thursday, underscoring remarks such as “cut off Assam” and “chakka jam” made during the anti-CAA protests in late 2019 and early 2020. The police contended that the clips demonstrate a deliberate call to disrupt public order and national connectivity, arguing against the grant of bail while cases under sedition and Section 13 of the Unlawful Activities (Prevention) Act (UAPA) remain pending. Imam has been in custody since 2020, facing multiple charges arising from his speeches and alleged involvement in protests against the Citizenship (Amendment) Act (CAA). His legal team has sought bail citing prolonged incarceration, the Supreme Court’s 2022 interim order effectively pausing the operation of the sedition law, and the constitutional protection afforded to political speech, however provocative, unless it incites imminent violence. The bench heard competing narratives: the prosecution’s portrayal of Imam’s words as a call to sever the Northeast’s access—“cut off Assam”—and to blockade public spaces through “chakka jam,” against the defense’s assertion that his comments, though contentious, were rhetorical, non-violent in intent, and protected by Article 19(1)(a) of the Constitution. The Delhi Police told the court that the video excerpts reflect not just dissent but a calibrated strategy to foment disruption, with potential national security implications that justify continued detention under UAPA. What the video clips mean for the Sharjeel Imam bail hearing – The prosecution’s emphasis: By foregrounding the phrases “cut off Assam” and “chakka jam,” the police sought to frame Imam’s speech as a call for civil obstruction beyond the boundaries of lawful protest. They argued that even absent an overt call to violence, incitement to widespread disruption can meet the threshold for unlawful activity under Section 13 of UAPA. – The defense’s response: Counsel for Imam pushed back, insisting that the remarks were made in the context of mass civil disobedience against a controversial law, and that the state is stretching political hyperbole into criminality. They highlighted that sedition prosecutions have been effectively stayed for reassessment since May 2022 and argued that this significantly weakens the foundation of the case for continued incarceration. – The constitutional question: The court is confronted with the line between protected speech and punishable incitement. Past Supreme Court rulings have distinguished abstract advocacy or hyperbolic rhetoric from speech that is both intended and likely to cause imminent lawless action. The defense contends the state has not demonstrated this imminence; the prosecution says the scale, timing, and content of the speeches show a real risk to public order. Background: Charges, timeline, and the sedition backdrop Imam, a former research scholar at Jawaharlal Nehru University, was arrested in January 2020 amid nationwide anti-CAA protests. He faces charges including sedition under Section 124A of the Indian Penal Code and alleged commission of unlawful activity under Section 13 of UAPA. The latter penalizes advocacy or assistance of unlawful activities, a broad formulation that has often come under scrutiny for its potential to capture non-violent political speech. In May 2022, the Supreme Court effectively put sedition cases on hold across the country, directing that no new FIRs be registered under Section 124A and that ongoing proceedings be kept in abeyance while the Union government reconsiders the provision. That interim protection has been a central plank of Imam’s bail push, with his counsel saying that prolonged pretrial incarceration, especially when a key charge is paused by the top court’s own order, militates against basic fairness. The prosecution, however, points to the presence of UAPA counts to argue that the case against Imam is not solely about sedition. UAPA proceedings carry their own, stringent bail bar under Section 43D(5), which requires courts to decline bail if a prima facie case exists on the case diary or charge sheet. The state contends that the speeches and the context of the protests meet this prima facie threshold, a claim the defense disputes. Key questions before the court – Does the content and context of Imam’s speeches amount to unlawful activity as defined under UAPA Section 13, or do they remain within the bounds of protected dissent? – Given the Supreme Court’s interim order on sedition, can the state still rely on the broader matrix of facts and other laws to justify continued custody? – Has the lengthy incarceration—since 2020—tipped the balance toward bail in light of the constitutional presumption of liberty and the pace of trial? – How should courts evaluate video clips presented by the state in bail hearings: as conclusive of intent, or as pieces requiring full trial scrutiny? Defense counsel has stressed that bail, not jail, should be the norm, particularly where the alleged conduct is speech-centric and where there has been no finding of guilt after several years. The state, leaning on the gravity of charges and the alleged impact of the speeches on the ground, argues that releasing Imam could undermine the process and send the wrong signal during ongoing trials tied to the anti-CAA unrest. Anti-CAA protest in New Delhi, 2019. Photo: Sumita Roy Dutta / CC BY-SA 4.0 (Wikimedia Commons) What’s next in the Sharjeel Imam bail hearing The bench reserved further directions after viewing the clips and hearing brief submissions, indicating it would continue examining the legal impact of the sedition stay alongside UAPA allegations. A definitive order on bail will likely turn on whether the court finds a prima facie nexus between Imam’s words and unlawful activity, and how it weighs years of pretrial detention against the severity of the allegations. For observers, the Sharjeel Imam bail hearing sets up a significant test of how India’s highest court will harmonize the constitutional guarantee of free speech with the state’s powers under security laws. It also revisits the boundaries of civil disobedience—where protest ends and punishable incitement begins—at a time when the jurisprudence on sedition is in flux. Regardless of the outcome, the case will be read as a signal on the judiciary’s approach to speech-related prosecutions tied to mass movements. With the sedition law under reconsideration and a chorus of calls for precision in policing dissent, the court’s decision on bail could offer a roadmap for lower courts navigating similar cases. Until then, the spotlight remains on the words played in court—“cut off Assam,” “chakka jam”—and on how the law interprets them in the continuum between dissent and disorder. News by The Vagabond News

Sudhir Choudhary 0

Cut off Assam, chakka jam’: Delhi Police shows Sharjeel Imam’s clips before Supreme Court during bail hearing In a closely…

Read More