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Judge Who Discharged Sharjeel Imam Recuses Himself From Jamia Violence Case

Additional Sessions Judge Arul Varma recused himself from a similar case citing “personal reasons.”

The Quint
Law
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<div class="paragraphs"><p>Sharjeel Imam</p></div>
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Sharjeel Imam

(Photo: The Quint)

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The Delhi court judge, who discharged JNU student Sharjeel Imam and 10 others in a 2019 Jamia violence case just a few days ago, recused himself from hearing similar cases related to the violence, owing to “personal reasons.”

While recusing himself from the case, Arul Varma, Special Judge (NDPS), South-East District, Saket Court said, “Due to personal reasons, the undersigned hereby recuses from hearing the matter.”

His court has been hearing two cases connected to the violence near Jamia Millia Islamia on 13 December and 15 December 2019. Varma discharged JNU student Imam, student activists Safoora Zargar and Asif Iqbal Tanha and eight others in the 15 December case last week.

The court had observed that the police did not apprehend the “actual perpetrators” of the violence, “but surely managed to rope the persons herein as scapegoats.”

The court further pointed that the prosecution has ex facie been launched in a  “perfunctory and cavalier fashion”, despite the fact that mere presence at a protest site doesn’t automatically implicate someone as an accused.

On Friday, 10 February, the Delhi police moved a plea in the High Court that challenged Arul Varma’s order and said that the court had “passed gravely prejudicial and adverse remarks against the prosecuting agency and the investigation” and was “swayed by emotional and sentimental feelings."

The case is now listed before Principal District and Sessions Judge at the Saket district court, with a transfer request for the matter.

Meanwhile, the Delhi police's plea against the order that discharged Imam has been listed for 13 February.

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