Delhi HC Issues Notice on Asif Iqbal Tanha’s Plea Against Charges in 2019 Jamia Violence Case
The Delhi High Court on Monday, July 28, 2025, issued notice to the city Police on a plea filed by Asif Iqbal Tanha, an accused in the Delhi riots, challenging the framing of charges in a case related to the 2019 violence that broke out during protests against the Citizenship (Amendment) Act in the Jamia Nagar area.
In doing so, a bench led by Justice Sanjeev Narula posted Tanha’s plea for further consideration on October 30.
It also indicated that it would hear similar petitions filed by co-accused, including Sharjeel Imam, on the same day.
"Issue notice. Club with others," the Judge remarked
Tanha had approached the high court challenging the order dated 07th March passed by the lower court by which it had framed charges against the petitioner in a case arising out of FIR no. 242/2019 registered at P.S. New Friends Colony,
Charges were framed under multiple sections of the Indian Penal Code (IPC), including Section 109 (abetment of an offence), Section 120B (criminal conspiracy), and Sections 143, 147, 148, 149, 186, 353, 332, 333, 308, 427, 435, 323, and 341. Provisions under Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984, were also invoked.
In a related development, the trial court had recently framed charges against Sharjeel Imam, along with others, for inciting violence that occurred in Delhi in 2020. The court, while framing charges, noted that Sharjeel Imam was not only the instigator but the kingpin of the larger conspiracy to incite violence.
The court considered Imam a key conspirator and charged him under multiple sections of the Indian Penal Code (IPC) for abetment, rioting, and promoting enmity. The prosecution argued that his speech amounted to hate speech and had instigated the violence. Along with him, co-accused Ashu Khan, Chandan Kumar, and the present petitioner faced similar charges.
Apart from the Jamia violence case, Tanha is also facing prosecution in the larger conspiracy case related to the 2020 Delhi riots.
Larger Conspiracy Case
Delhi Police's Special Cell registered FIR 59 of 2020 against eighteen accused in the case, including Umar Khalid, Sharjeel Imam, Tahir Hussain, Khalid Saifi, Ishrat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-ur-Rehman, and others.
The accused persons were booked under the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA), as well as various sections of the Indian Penal Code, including criminal conspiracy, promoting enmity, rioting, and murder.
The case stemmed from the violence that broke out in Northeast Delhi in 2020 during protests against the Citizenship Amendment Act, which followed widespread clashes between the supporters and opponents of the Act. Several incidents of stone-pelting, arson, and violent protests were reported, which had left nearly 53 dead and injured thousands.
It is the prosecution's case that the violence that engulfed the streets of Delhi was not spontaneous in nature but a pre-planned act intended to destabilise the Indian government during an already sensitive political time.
Case Title: Asif Iqbal Tanha v. State
Order Date: 28 July, 2025
Bench: Justice Sanjeev Narula