Delhi High Court denies bail to Sarjeel Imam

Delhi Court dismissed the bail application of Sarjeel Imam , in a 2019 case alleging him of giving provocative speeches which led to Delhi riots . Court observed that the tone and tenor of speech created a devastating effect on public peace and harmony .

Article 51 A(e) of constitution casts fundamental duty on citizen to promote harmony and spread brotherhood transcending religious , linguistic , and sectional identities . But freedom of speech and expression also can’t be allowed on cost of communal peace and harmony .

On a cursory reading of speech dated 13/12/19 reveals that same is creating communal divide , court is not inclined to rant bail to sarjeel imam .

Prosecution officer submitted that on the said date residents of Jamia Nagar , mainly the students blocked the roads and demonstrate against CAB violently . Sarjeel Imam was instigating a particular religious community against government by creating fear in their minds against NRC and CAB .

The court finally quoted John Milton a British intellectual “give me liberty to know , to argue freely and utter according to conscience “ but our constitution put some restriction on grounds of public order and incitement of offence .

Judge also quoted Swami Vivekananda “ Take care of your thoughts , you are what you think , words are secondary , thoughts travel far “ .

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