The Delhi High Court today partially set aside a trial court's order discharging student activist Sharjeel and 10 others, in 2019 Jamia Nagar violence case, and ordered framing of fresh charges against them.
The high court said the accused were part of "unlawful assembly" that jumped over the barricades and raised slogans against the police.
"They were raising slogans against the Delhi police and were jumping over barricades," it said.
"While there is no denial of the right to freedom of expression, this Court remains aware of its duty and has tried to decide the issue in that way. Right to peaceful assembly is subject to restriction. Damage to property and peace is not protected," the court said while partially setting aside the order said.
The case concerns the violence that erupted after a clash between the Delhi Police and those protesting against the Citizenship (Amendment) Act (CAA) in the Jamia Nagar area here in December 2019.
The trial court had in its February 4 order discharged all 11 people from the case while holding that they were made "scapegoats" by police and that dissent has to be encouraged, not stifled.
The 11 people who were discharged by the trial court in the case are Imam, Tanha, Zargar, Mohammad Qasim, Mahmood Anwar, Shahzar Raza Khan, Mohammad Abuzar, Mohammad Shoaib, Umair Ahmad, Bilal Nadeem and Chanda Yadav.
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