EDUCATION
Was Sharjeel Imam’s speech a crime?
- Markandey Katju
Was Sharjeel Imam’s speech a crime?



Sharjeel Imam, a student of JNU, gave a speech on 16th January, 2020 in Aligarh during an anti CAA protest meeting, asking people to cut off Assam and the North East from the rest of India. Consequently, the police of Delhi, UP, and Assam have registered FIRs against him on a sedition charge, and are seeking him. But has he committed any crime?

I submit he has not. In Brandenburg vs Ohio, 395 US 444 ( 1969 ) the US Supreme Court held "The Constitutional guarantee of free speech does not permit a state to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action".

This decision has stood the test of time, and is the law of the land in America ever since. It was followed by two decisions of the Indian Supreme Court in Arup Bhuyan vs State of Assam and Sri Indra Das vs State of Assam, of 2011 ( see online ), and therefore is the law of the land in India too.

Hence inflammatory speech is also protected by the freedom of speech guaranteed by Article 19(1)(a) of the Indian Constitution, unless it incites or produces imminent lawless action. 

I disapprove of Sharjeel Imam’s speech, and I am against cutting off Assam or the rest of the North East from India. However, I do not see how his speech would incite or produce imminent lawless action. The word ‘imminent’ in the Brandenburg test is extremely important. It stresses on the time element, and makes more defined and more rigorous Justice Holmes’ ‘clear and present danger’ test laid down in Schenck vs US.(1919), which had replaced the earlier vague ‘bad tendency test‘ .

Therefore I am of the opinion that Sharjeel Imam committed no crime, and the FIRs against him deserve to be quashed by the High Court under Article 226 of the Constitution or section 482 Cr.P.C..
 
In my opinion applying the Brandenburg test the prosecution against the Bhima Koregaon accused, Prof Saibaba of Delhi University , Dr Farooq Abdullah, Omar Abdullah, Mehbooba Mufti, Sajjad Lone, Syed Ahmed Shah Gilani, Shah Faesal and other political figures also deserve to be quashed. None of these persons in detention said anything which incited or produced imminent lawleass action.
 
 
Justice Markandey Katju is former Judge, Supreme Court of India and former Chairman, Press Council of India.
 
 
 
  
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Comment by: Dr Craig Parrish

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Comment by: samir sardana

Indian Muslims need to understand that India is doomed,and that the Hindoo state can do nothing for them

India is a doomed nation and is a bankrupt nation,which will be inevitably be destroyed,by the Turkics and Mongols.dindooohindoo

Future for Muslims,lies in the partition of Hindoosthan and for starters- UP,Bihar,MP, Jharkhand and Chattisgarh have to be split.Even if the Hindoo wanted to uplift their own - Dalits - they could not - as they have no money.

The Hindoo nation exists to serve the banias (who are the real face of the RSS) sucking money at every level,from hapless hindoos and brainwashing them,via the media and entertainment,and the histrionics of limpet hindoo vermin,like Chaiwala and Amit Shah.

The bania vermin does not build infrastructure.The bania inports 3 rd hand tech at a brand new price, and takes a leveraged bank loan and then pays off the netas and walks off with the money or rents the factory to a management,on a parta mode.

No manufacturing is viable in Hindoosthan.Hindoos are an impotent,lazy,dimwit breed of dullards, cowards and weasels. They are incapable of hardwork,sacrifice.discipline and innovation.If import tarriffs are at 15% - nothing will be viable,to make in Hindoosthan, not even,backward integrated steel and cement.

Because the Bania/Brahmin have looted and bankrupted the nation - hence,the import and other tarriffs are at 35 - 100%.The Hindoo vermin levies the highest import and other taxes on items which hindoos cannot do w/o,for a second - edible oil and fuels.

This is the price of tolerating the Brahmin/Bania vermin and the nikamma baboos and pandoos and khakee ke kutte of the police and faujis.The Fokad Fauji is full of 10th pass clowns and weasels,who join the NDA and are, in essence, illiterates.They will lose the next war with the Turkics and Mongols - complete decimation.

Y should the Muslims bear with these Kaffir scum ? An Islamic State in Hindoosthan with strict shariat fron personal laws to finance,agriculture and industry to cater to just the demands of the Indian Muslims (id.est., the food,education,clothing and entertainment of the Muslims) will raise the per capital income of Muslims by 1000%.

The Indian industry.banking,education.legal and judicial system is bogus,busted fraudulent and nonsensical.When Muslims live with Kaffirs,as a Minority Muslim race, they pray to Hindoo Gods,Say that Rama was an Imam,That Shiva was a Muslim ........ with an array rented Bogus Muslim Hogs like Shahnawaz Hussein and Mukhtar Naqvi.Such vermin should die soon.

Whenever.India was ruled or influenced by Sons of dishwashers and/or prostitutes,doom has followed - like India is witnessing today.

The Indian GDP is also bogus.It is PRODUCED by not more than 10% of the Indian Population.Even within the direct employees who PRODUCED THE GDP will account for not more than 20% of the GDP of Goods and services.Rest is profit,interest and depreciation and payments to extended supply chain.

The Per capita India GDI will be less than Somalia and Raqqa.(If you exclude the Top 10% of the wage and profit earners.

An Islamic state is an infinitely better option.

Sharjeel is wrong on 1 thing.The way to annihilate Hindoosthan is to doom the Railways.It is an ultra cost option with no forensic trail.You just need a shovel,axe and 2 iron rods of 8 feet each.This will destroy all the supply chain logistics and port logistics and also, in a amtter of 30 days all air traffic.

Basically, the khaki ke kutte pandoos (police) and Brahmin/Bania vermin have to be eradicated - and this is morally justified,as per the Gita.The Pandoo is a Dog with a Gun and wears Khaki.When Khaki ka kutta gets order - he will shoot.So killing a Khaki Ka Kutta,is no crime.

Even an Attack Doberman/Daschund will defy the master's order - but the Khaki ka kutta pandoo and Baboo will not.

Hence,they are wajab e katal. And then we come the Hindoo Dindoos and other Bania supporters - they are potentially certain enemies - on linear progression of thought.It is better that they die,asap. It is critical to do a theological stratification of "so called humans".The South Indians and litter of trash (as in Goan filth) and Marathi ghatis etc. (who think that Shivaji will alive to fight Aurangzeb) are a race of vermin.If South Indians read history and hindoo scriptures and their raw deals,in last 70 years - they would have insurrected, by now (id.est., 2000 years of history).But they did not - as they are weasels and cowards.

If kattas can be used in Delhi in broad daylight - then the potential is infinite

reply


Comment by: Dr Craig Parrish

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DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com


We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com


We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com


We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com


We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

We are in urgent need of a kidney donor for a good amount of 7Cr (Advance money 3.5cr) in India, Interested person kindly Contact us now..
DR Craig Parrish
Call / WhatsApp: +919047292804
Email- craigparrishkidneyfoundation@yahoo.com

reply


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