“In a populous city like Delhi, at any given time scores of critically ill medical patients requiring urgent treatment are in a rush to reach hospitals.Chakka jaam can potentially lead to deterioration of their condition or even death if they do not receive medical care in time, which would be nothing short of culpable homicide,” the court added.Chakka jaam, the order said, essentially resulted in a violation of fundamental right to life and health of public and even if the mob did not indulge in violence and arson while enforcing the jaam, it would still be a violent act by one section of society against the other.”Accused Sharjeel Imam was not only an instigator, he was also one of the kingpins of a larger conspiracy to incite violence,” it said.Iman has been ordered to be charged under IPC provisions, including abetment, criminal conspiracy, promoting enmity between groups, rioting, unlawful assembly, attempt to commit culpable homicide, obstructing public servant, causing mischief by fire or explosive substance and under PDPP provisions.On the role of three other accused persons, the court said, “Accused Ashu Khan, Chandan Kumar and Aasif Iqbal 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.”Section 109 deals with abetment of an offence and attracting the same punishment given to the offender.The court ordered framing charges under various IPC and PDPP Act provisions against Anal Hussain, Anwar, Yunus and Jumman, saying it was established by a police witness and their mobile phone records that they were part of the riotous mob.The case stems from 2019-2020 protests at Jamia Millia Islamia and Shaheen Bagh following passage of Citizenship Amendment Act in Parliament on December 11, 2019.
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