Supreme Court court frowns on multiple cases against Sharjeel Imam: One speech, one offense

The Supreme Court on Tuesday observed that a single speech can amount to only one offense, warning that multiple prosecutions for the same act could lead to “great difficulty”, as it deferred for two weeks the hearing of Sharjeel Imam’s plea seeking clubbing of FIRs filed across multiple states over his 2020 anti-Citizenship Amendment Act (CAA) speech.

Imam, a former JNU student, is facing multiple FIRs in states including Uttar Pradesh, Assam, Manipur, and Arunachal Pradesh, besides Delhi, for allegedly delivering an inflammatory speech during protests against CAA.

Chief Justice of India Sanjiv Khanna, heading the bench, questioned the rationale behind prosecuting Imam separately in each state for the same speech. “If the speech is one, it will be one offense,” the CJI said, pushing back against the argument that Imam should be tried multiple times for the same act.

Additional Solicitor General (ASG) SV Raju, appearing for the Delhi Police, contended that since Imam’s speech incited mobs in different states, separate offences had occurred. He claimed the impact of the speech varied by location and hence warranted multiple proceedings.

However, the CJI remained unconvinced. “I have my doubts. Double jeopardy won’t apply. If there are two different speeches, you may be right. Otherwise, you are wrong,” Justice Khanna said.

He also pointed out that in the age of electronic media and YouTube, speeches made in one place can be heard across the country — but that should not translate into multiple prosecutions for a single act. “Otherwise, it will lead to great difficulty,” he warned.

The top court also proposed a temporary measure, staying trials in other states until the trial in Delhi is concluded.

Imam’s counsel, Senior Advocate Sidharth Dave, stressed the logistical and legal burden of facing parallel trials in different parts of the country. “He can’t be dragged across the country for a speech,” Dave argued.

ASG Raju responded by asserting that Imam had called for Assam to be separated from India. Dave countered, “The rule of law applies. Mr. Raju can’t take that away from me”.

ASG Raju sought more time to submit relevant judgments supporting his position. The court agreed to list the matter after two weeks.

The Delhi Police booked Imam, a former student of Historical Studies at JNU, under the Unlawful Activities (Prevention) Act (UAPA) and in January 2020, he was arrested by the Delhi Police’s Crime Branch in a sedition case.