The Supreme Court on Tuesday orally observed that JNU student leader Sharjeel Imam, who is facing multiple FIRs in Manipur, Assam, Arunachal Pradesh and Uttar Pradesh, cannot be simultaneously prosecuted in these states since he is already being tried in Delhi in connection with the 2020 communal riots which claimed 53 lives.
“We can stay trial in other cases in Manipur, Assam, Arunachal and Uttar Pradesh and let it (trial) go on in Delhi?” a bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar orally told additional solicitor-general S.V. Raju, appearing for the Centre.
Raju opposed the suggestion, saying multiple offences had been registered against Sharjeel and so trials should be allowed in different states.
Senior advocate Siddharth Dave, appearing for the accused, argued: “I (Sharjeel) cannot be dragged across the country for one speech I allegedly made.”
The CJI asked Raju: “Suppose he is convicted in the Delhi case, can he be convicted again in another?”
Raju said the allegations were that Sharjeel had, through his speeches, instigated people in different states.
Justice Khanna weighed in: “But the speech is one and the same… the impact will be the same.”
The CJI said it would amount to “double jeopardy” if Sharjeel were to be prosecuted in multiple states.