Justice Sanjeev Narula issues notice to the Delhi Police on Tanha’s plea, along with similar applications filed by Sharjeel Imam and other co-accused in the case
NEW DELHI – The Delhi High Court has sought the police’s response on a plea filed by student activist Asif Iqbal Tanha challenging the framing of charges against him in a case related to the 2019 violence in Jamia Nagar in South Delhi during anti-Citizenship Amendment Act (CAA) protests.
Posting the hearing for October 30, Justice Sanjeev Narula issued notice to the Delhi Police on Tanha’s plea, along with similar applications filed by Sharjeel Imam and other co-accused in the case. “Issue notice. Club with others,” the court ordered.
Tanha faces charges under various provisions of the Indian Penal Code (IPC), including: Abetment (Section 109), criminal conspiracy (Section 120B), unlawful assembly and rioting (Sections 143, 147, 148, and 149), obstructing public servants, assault, and mischief (Sections 186, 353, 332, 333, 308, 427, 435, 323, and 341).
Tanha also faces charges under the Prevention of Damage to Public Property Act for alleged damage to public infrastructure during the protests.
Tanha’s plea argues that the trial court’s decision to frame charges lacked critical evaluation and due application of mind, given the evidentiary record.
The trial court in March framed charges, observing Sharjeel Imam’s December 13, 2019, speech near the Jamia Millia Islamia (JMI) was “venomous” and “pitted one religion against another”. It framed charges against Tanha, Imam and nine others, saying “accused Ashu Khan, Chandan Kumar and Tanha committed abetment by prior conspiracy as well as by instigating violent mob activity at the spot, for which penal provision of Section 109 (abetment) of the IPC is justifiably invoked against them”.
A former student of JMI and a member of Students’ Islamic Organisation of India, Tanha is also associated with United Against Hate (UAH), a campaign that was started in July 2017 in response to a series of lynchings and hate crimes in the country.
Born in Hazaribagh in Jharkhand, Tanha graduated in Persian language from JMI.
