3 yrs after Jamia violence, prosecution begins arguments

Special public prosecutor Madhukar Pandey made his arguments before Additional Sessions Judge Arul Varma at Saket district court after his appointment on 26 July, 2021.

The SPP submitted that the common object was to march to the Parliament by throwing stones and breaking barricades. (File)

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Three years since violence broke out at Jamia Millia Islamia in December 2019, the prosecution asked a Delhi court to charge JNU student Sharjeel Imam and other accused, stating that they were throwing stones and not ringing the bells of a temple.

Special public prosecutor Madhukar Pandey made his arguments before Additional Sessions Judge Arul Varma at Saket district court after his appointment on 26 July, 2021. On November 27, the court pulled up police and summoned DCP Crime Branch to explain a one-year delay in handing over case details to the SPP after Pandey sought an adjournment to read the case files.

On Tuesday, the DCP filed a status report in court stating that it was an inadvertent error. The court, while accepting the report, said that the reply does not name the police officers who committed the error. Pandey told court that the accused along with other rioters assembled to go to the Parliament against CAA-NRC in New Delhi district despite the prohibitory orders.

“They started by first breaking open the barricades, breaking signage of Delhi Police. Thereafter, they started throwing stones. Fifteen police officials received injuries… By show of criminal force, they tried to compel the police personnel,” Pandey told the court.

The SPP submitted that the common object was to march to the Parliament by throwing stones and breaking barricades. “The accused and rioting mob were willing to do whatever was required, including the commision of any offence against police, public. Even the public received injuries through stones pelting.”

The SPP tried to reason why the relevant sections against the accused were invoked by arguing that “if somebody is throwing stones, you know somebody is going to get hurt” and if this person knows that “throwing stones might break my head it is good enough to cover” in the IPC sections invoked against them. The SPP said that every member who is part of that assembly is guilty.

“They were throwing stones not ringing the bell of a temple,” the SPP submitted. He argued that section 149 (Every member of unlawful assembly guilty of offence committed in prosecution of common object) carves out a separate category of offence having a common object of an offence, simply being part of an unlawful assembly is enough to fasten criminal liability on all persons. He argued that only a bystander or onlooker is exempted.

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“The manner, sequence and demeanour of accused persons will show that they were part of a common assembly harbouring a common object,” he submitted.

Anand Mohan J

Anand Mohan J is an award-winning Senior Correspondent for The Indian Express, currently leading the bureau’s coverage of Madhya Pradesh. With a career spanning over eight years, he has established himself as a trusted voice at the intersection of law, internal security, and public policy. Based in Bhopal, Anand is widely recognized for his authoritative reporting on Maoist insurgency in Central India. In late 2025, he provided exclusive, ground-level coverage of the historic surrender of the final Maoist cadres in Madhya Pradesh, detailing the backchannel negotiations and the "vacuum of command" that led to the state being declared Maoist-free. Expertise and Reporting Beats Anand’s investigative work is characterized by a "Journalism of Courage" approach, holding institutions accountable through deep-dive analysis of several key sectors: National Security & Counter-Insurgency: He is a primary chronicler of the decline of Naxalism in the Central Indian corridor, documenting the tactical shifts of security forces and the rehabilitation of surrendered cadres. Judiciary & Legal Accountability: Drawing on over four years of experience covering Delhi’s trial courts and the Madhya Pradesh High Court, Anand deconstructs complex legal rulings. He has exposed critical institutional lapses, including custodial safety violations and the misuse of the National Security Act (NSA). Wildlife Conservation (Project Cheetah): Anand is a leading reporter on Project Cheetah at Kuno National Park. He has provided extensive coverage of the biological and administrative hurdles of rewilding Namibian and South African cheetahs, as well as high-profile cases of wildlife trafficking. Public Health & Social Safety: His recent investigative work has uncovered systemic negligence in public services, such as contaminated blood transfusions causing HIV infections in thalassemia patients and the human cost of the fertilizer crisis affecting rural farmers. Professional Background Tenure: Joined The Indian Express in 2017. Locations: Transitioned from the high-pressure Delhi City beat (covering courts, police, and labor issues) to his current role as a regional lead in Madhya Pradesh. Notable Investigations: * Exposed the "digital arrest" scams targeting entrepreneurs. Investigated the Bandhavgarh elephant deaths and the impact of kodo millet fungus on local wildlife. Documented the transition of power and welfare schemes (like Ladli Behna) in Madhya Pradesh governance. Digital & Professional Presence Author Profile: Anand Mohan J at Indian Express Twitter handle: @mohanreports ... Read More

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Jamia violence