Umar Khalid, Sharjeel, Gulfisha Fatima Bail : Live Updates From Supreme Court Hearing | Delhi Riots UAPA Case

Raju: they said they will not argue on merits

J Kumar: singhvi and sibal said that at this stage and subject to what ASG will argue.

Further hearing to continue on monday, post lunch.

Raju: whatsapp chats-some students protested that there should not be violence-but these people wanted violent protest. Some members protested against it and they were sidelines.

This is a clear case where UAPA offences are attracted, conspiracy to commit terrorist act, murder, etc is made out, and it was not simple dharna for CAA, it was for regime change. All those who went for dharna carried sticks, acid bottles, and coincided with donald trump visit- they wanted regime change like in Bangladesh and Nepal. They have scant regards to the constitution. If 43D(5) is covered, bill is not be granted.

Raju: have you filed synopsis? I can finish trial in 2 years provided they cooperate.

J Kumar: who do you propose to examine first? protested witnesses?

Raju: they should first complete their arguments on charge

J Kumar: out of 47, 164 statement is given by 38

J Kumar: we will go through all this

Raju: we have also filed IA to bring certain documents, that may be listed. Shadab petition came later so we didn't put it in the counter.

Now, in a case of conspiracy, the role though relevant would take some background of s.10 of Evidence Act-Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it.

anything in the conspiracy period, he/she would be vicariously liable-principle of agency will apply.

Raju: chakka is not just violence but also disruption of essential supplies- again on 15.12.2019, riots took place in the area of PS Jamia and PS New Friends Colony due to instigation...In these riots total 45 police personnel and more than 100 civilians got injured, rendering damage to Government properties i.e. 3 DTC bus, 8 private buses, 3 police motorcycle, QRT Zippsy and 2 police booths were burnt along with other public and private property. During these incidents, Umar Khalid was present at Jamia area between 16:47 to 17:43 as per his mobile phone location.

Asif Iqbal Tanha & Saiful Islam constituted “Jamia Co ordination Committee” on 17.12.2019 on the direction of Umar Khalid and Nadeem Khan for protest and chakka Jaam.

Raju: On 13.12.2019, a riots took place in the area of Jamia where large number of students, ex-students and other members of a particular community and members of different students group were organizing anti CAA protest rally.

Essential services were disrupted, private and public property were damaged, civilians and 20 police personnel sustained injuries. Umar Khalid was present at Jamia University on the day of incident along with Sarjeel Imam, Asif Iqbal Tanah and others. Umar Khalid said in front of all protesters that Sharjeel, Saiful and Asif are his brothers and members of his team and he also said that he had explained the difference between “CHAKKA JAM” and “DHARNA” to Sharjeel, Saiful and Asif.

Umar Khalid also told Sharjeel to start “CHAKKA JAM” at Shaheen Bagh 24x7.

Raju: reading from the document in the pen drive-khalid's a veteran of sedition

J Kumar: where in counter?

Raju: not in counter, 20,000 page chargesheet. He is the originator of bharat tere tukde tukde hojayenge.

Raju: I am being told ED is investigating the money trail.

now, role of each persons-Umar Khalid-earlier he has a history of citing violence and he has given a famous speech-hindustan ke tukade tukade kardo-this is his mindset.

It is submitted that, after the introduction of Citizenship Amendment Bill by the Government of India, Sharjeel Imam created a communal WhatsApp group, namely “Muslim students of JNU”, on the directions of Umar Khalid. It is evident from the statement of BOND on oath where he had explained the difference between Dharna and Chakka Jam.

On 08.12.2019, a meeting was organized by Mr. Yogender Yadav and attended by Umar Khalid (UAH, DPSG), Nadeem Khan (UAH, DPSG), Sharjeel Imam (MSJ), Tahira Daud (MSJ) Khalid Saifi (UAH, DPSG), Meeran Haider (UAH) & others. It was decided in the meeting to execute the earlier agreed conspiracy of Chakka Jaam to engineer riots.

Raju: Accused Meeran Haider had financed the riots to the tune of Rs. 2.86 Lakhs. Meeran collected Rs. 4,82,500/- from different persons in cash and was having Rs. 80,644/- in is bank account. Rs. 2.33 lakhs were recovered from his room. He was responsible for monitoring 8 protest sites and spent Rs. 2.86 lakhs, for the sustenance of 8 protest sites, which he was monitoring.

Raju: Shifa-Ur-Rehman had financed the riots to the tune of Rs. 8.90 lakhs. Accused Shifa-Ur-Rehman was the president of AAJMI. He used his position and collected the money for AAJMI and used the same for riots and to conceal the real expenditure i.e. riots, he prepared fake bills of expenditure in the name of AAJMI-we have seized the fake bills

Raju: terror financing- it is submitted that Five accused persons namely Tahir Hussain, Ishrat Jahan, Khalid Saifi, Shifa-Ur-Rehman and Meeran Haider had financed these riots.

Accused Tahir Hussain had financed to the tune of Rs. 1.3 Crore through Shell companies and distributed this money amongst conspirators and rioters. He gave money to Athar (DPSG Member and 24X7, sit-in Chand Bagh protest site leaders) and Gulfisha- she is also there, organizing Seelampur 24X7, sit-in protest site.