Allow Cookies!
By using our website, you agree to the use of cookies
Delhi police has cited a speech made by Sharjeel Imam, a student of Jawahar Lal Nehru University (JNU) calling the rejection of the Constitution of India as ‘fascist Document’, for invoking section 13 of Unlawful Activities Prevention Act (UAPA) against him.
The police have sought extension of time beyond 90 days, by stating that section 13 of UAPA has also been added to the FIR which was initially registered against him for the offences of sedation and promotion of communal dis harmony.
In the application submitted on the 88th day of his custody the Additional Public Prosecutor (APP) stated that “As per speech (of Imam) dated 13/12/2019, constitution is worthy of rejection, being fascist document only used for taking benefit in the court and whenever it may be beneficial”.
The application added that the meaning of the statement was that the constitution can be rejected, on all occasions where it is not securing any benefit, further linking the statement against the constitution ‘unlawful’ under UAPA by stating that it is equivalent to ‘disrupting the sovereignty of India’.
The application is read “India’s sovereignty is secured by its constitution and any attempt to generate disaffection against the constitution is equivalent to disrupting the sovereignty of India”.
Thus, Imam’s alleged statements were used to add section 13 of UAPA, by linking them to disruption of sovereignty of India, and this addition enabled police to seek further 90 days to file charge-sheet.
The statutory period of 90 days had concluded on 27 April’ 2020, and on 25 April’ 2020, the Patiala House Court, New Delhi has allowed extension of time.
On Friday 10 July’ 2020 the High Court rejected Imam’s plea challenging the extension and held that there were ‘good and justifiable grounds’ for extending the time for investigation.
The court also rejected the petitioner’s submission that the filing for extension on 88th day was ‘mala-fide’, and said that as addition of section 13 of UAPA has not been challenged, it provides extension of time for further investigation.
86540
103860
630
114
59824