Live Law
2025-12-09 06:39:56.0
Dave: speech is in Aligarh, prosecution in Aligarh and speech is in Delhi, I am prosecuted in Delhi
J Kumar: speech was circulated in Delhi which instigated the delhi riots
Dave: some are members of whatsapp group where chats are there for organising, there are some present in physical meetings and the role ascribed to me is only those speeches. 750 riots FIR, I could not have been prosecuted for those FIRs because I am not there so the only thing present is the inflammatory speeches. But is the speech conspiratorial in itself? He says you all have to take the beatings. Assuming the speeches are being prosecuted, and S. 15 is not invoked, and here it is invoked only for conspiracy? I have shown in counter affidavit that they have failed to instigate and then whatsapp group is formed.
After it moved to next phase, I am not even there. If that is a conspiracy, should be some offence which takes place. Today, at the end of the day, if 6 years as undertrial having suffered long incarceration, if trials are still going on, I am only asking for bail at the end of the day. If I am to be released on bail, whatever the conditions I will be duty bound to follow.
I will end by saying- Faiz Ahmed Faiz when he was in custody in Pakistan- Dil na umeed to nahi, nakaam hi to hai, lambi hai gham ki shaam, magar shaam hi to hai"
