Supreme Court Considers Clubbing Multiple FIRs Against Sharjeel Imam Arising from Single Speech

On April 29, 2025, the Supreme Court of India examined the plea of Sharjeel Imam, a former student of JNU, seeking to club multiple FIRs filed against him for alleged sedition and offenses under the Unlawful Activities (Prevention) Act (UAPA). The FIRs were registered in various states including U.P., Assam, Manipur, and Arunachal Pradesh following his speech delivered online.

CJI Raises Concerns on Double Jeopardy and Multiple Trials

The bench, led by Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar, raised important legal questions regarding the potential for double jeopardy if Imam were to be convicted in multiple states for the same speech. CJI Khanna inquired whether it would amount to double jeopardy if Imam faced trials in different states based on a single speech, especially since all FIRs arose from one statement.

State’s Argument: Impact of the Speech in Different Regions

Additional Solicitor General (ASG) S.V. Raju, representing the Delhi Government, argued that although the speech was the same, the impact varied in different states. He suggested that the acts of instigating mobs in different states could constitute distinct offenses, as the communities in each state were affected differently. The CJI, however, emphasized that since the speech was uniform, there could be only one offense, despite the different regions involved.

The Question of Multiple Offenses and Trials

The CJI further explored whether the case involved multiple offenses or just one, given that the speech was recorded and accessible online, potentially influencing people across India. While the ASG insisted that the multiple incidents involved separate offenses, CJI Khanna clarified that such an argument would hold if the FIRs arose from multiple speeches, which was not the case here.

Sharjeel Imam’s Defense: The Impracticality of Multiple Trials

Senior Advocate Sidharth Dave, representing Sharjeel Imam, highlighted the practical difficulties of facing multiple trials for a single speech. Imam, who is currently under custody, expressed concerns over having to attend trials in various states, such as Assam, U.P., and Manipur, for offenses arising from the same speech. Dave pointed out the absurdity of being prosecuted multiple times across the country for a single speech, which could lead to multiple custody periods and repeated prosecutions.

CJI Proposes Staying Trials in Other States Until Delhi Trial Is Complete

In response to these concerns, CJI Khanna suggested the possibility of staying the trials in other states until the trial in Delhi is concluded. This proposal was discussed to avoid the practical inconvenience of having to attend trials in various states simultaneously.

Legal Implications: Can Multiple FIRs for One Speech Lead to Double Jeopardy?

The CJI acknowledged that while the speech was accessible online and could have influenced multiple regions, it was ultimately one speech. He pondered whether the impact of the speech in different states would make it a single offense or multiple offenses. The ASG promised to submit precedents that support the argument for multiple offenses arising from the same speech in the next hearing.

Further Proceedings: Awaiting State Responses and Precedents

In August 2024, the Supreme Court had sought responses from the four state governments regarding the transfer of the trial to the Delhi Court. The Court was informed that investigations in the FIRs filed in Assam and Manipur were completed, and Imam was due for default bail in the Assam case. The Court was also considering whether the chargesheets filed in different states should be transferred to the Delhi Court for a unified trial.

Imam’s Arrest and Custody

Sharjeel Imam was arrested by the Delhi Police on January 28, 2020, under the UAPA for his speeches made at Jamia Millia Islamia University and Aligarh Muslim University. He has been in custody ever since, and his legal team has sought the clubbing and transfer of all FIRs to the Delhi Court for a single trial.

Case Title: Sharjeel Imam v. Govt. of NCT of Delhi and Ors.