"CAA Protest Was Secular, Chargesheet Is Communal": Umar Khalid's Lawyer In Bail Hearing In Delhi Riots Larger Conspiracy Case

Seeking bail in the Delhi riots larger conspiracy case involving charges under UAPA, student activist Umar Khalid's lawyer today argued before a Delhi Court today that while the protests against Citizenship Amendment Act were secular, it is the chargesheet filed by the Delhi Police which is communal. Senior Advocate Trideep Pais argued before Additional Sessions Judge Amitabh Rawat that while the allegations in the chargesheet were a fertile imagination of the Investigating Officer, neither there was any presence of Khalid in Delhi at the relevant time nor was there any direct violence attributed to him including no traces of funding.Umar Khalid Passes Test Of Supreme Court's Watali Judgment: PaisPais began by submitting that the strongest test under the Unlawful Activities (Prevention) Act, 1967 is the judgment delivered by the Supreme Court in National Investigation Agency v. Zahoor Ahmad Shah Watali. According to Pais, Umar Khalid passes the said test as laid down by the Apex Court. Reliance was made on the relevant portions from the judgment wherein the Court held that "By its very nature, the expression "prima facie true" would mean that the materials/evidence collated by the Investigating Agency in reference to the accusation against the concerned accused in the first information report, must prevail until contradicted and overcome or disproved by other evidence, and on the face of it, shows the complicity of such accused in the commission of the stated offence."It was also held that it must be good and sufficient on its face to establish a given fact or the chain of facts constituting the stated offence, unless rebutted or contradicted. "I pass this test," Pais submitted. Investigating Officer Is A Script Writer, Written Novella In Chargesheet: PaisRebutting the allegation that a protest was held on December 10, 2019 in pursuance of common conspiracy, Pais submitted thus:"I don't know what is UAPA about this allegation. It's not a story that is being written. I don't know if by the CDR they are claiming me to be at Jantar Mantar. Nobody speaks of it. There is nothing to show my presence there. I have not been given the key also if they are claiming it from the CDR. Saying that I was in jantar mantar is like saying someone is at the bank nearby."Further, reading out the allegation that the creation of Jamia coordination committee was the brain child of Umar Khalid and Nadeem Khan, Pais called it a fertile imagination of the IO."This is literally the 'tippadi' of IO. They don't use small words. They establish the conjectures. This is called fertile imagination. This person is not a IO. He is a script writer. Literally this novella this person has written," Pais submitted. Pointing out the contradictions in the chargesheet, Pais further argued that since the investigating agency has Umar Khalid's mobile phone, they can verify the factum if the whatsapp groups as alleged by the prosecution were formed by him. "I'm not on whatsapp group. They say that I started whatsapp group in which I'm not which they claim was started by Kumail Fatima. I'm saying the contrary, nobody should be an accused in this. If Kumail Fatima started the group and he is not an accused, how is that criminal on my part?" He argued. "I want them to show how JCC was made by me. I'm not on other accused. I'm saying if you want to make an allegation, make it good," Pais added. Pointing Contradictions In Witness's StatementsPais then referred to the statements of a protected witness pseudonym as Bond who was also a part of the Jamia Coordination Committee to show that the same was fabricated. Stating that his statement was recorded in August 2020, one month before Khalid's arrest, Pais read out his sec. 161 as well as 164 CrPC statements to argue that his statements were not directly attributed to Khalid. "He said Saiful and Asif informed him. Money is not attributed to me at all. If we take some other JCC that they are referring to, it's not started by me. They other one also not started by me. This person miraculously gave you statement in August," Pais argued. He added:"If Umar Khalid is a silent whisper, what are his allegations. You actually don't have an evidence. Other than one witness in that whole crowd, not one other witness you didn't find. You find this one person in August that too one month before my arrest."Chakka Jam Not An Offence, Cooked Up Chargesheet: PaisPais then submitted that while the prosecution pushed on claiming that chakka jam was equal to terror act, he submitted that Chakka Jam is not an offence and that it has been used by students and others while participating in various agitations. "Look at the chargesheet. Let's go back. You are writing this in September. Obviously you are cooking it up. But do you actually have the evidence that Umar Khalid was there," he said. On the allegation that women were paid money to sit on the protest site, Pais submitted:"Has any of the woman come before you to say that money ...

"CAA Protest Was Secular, Chargesheet Is Communal": Umar Khalid's Lawyer In Bail Hearing In Delhi Riots Larger Conspiracy Case

Nupur Thapliyal

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