'Statements Of Witnesses Inconsistent But Have To Be Read Cumulatively': Court Denies Bail To Accused In Delhi Riots Larger Conspiracy Case

A Delhi Court on Wednesday denied bail to Athar Khan, an accused in a case alleging a larger conspiracy behind the 2020 North East Delhi riots, observing that he attended various "conspiratorial" meetings, was one of the organizers of the Chand Bagh protest site where alleged inflammatory speeches were given and was also a member of DPSG WhatsApp group.

While agreeing with the submission made on behalf of Khan's counsel that there were inconsistencies in the statements of some protected witnesses, Additional Sessions Judge Amitabh Rawat, however, said a finding has to be given on a cumulative reading of statements of all the witnesses and other events presented in the chargesheet. 

On the submission that the statements of witnesses are either false or contradictory or parroted and should not be relied upon, the court said at the stage of bail, they have to be taken at face value and their veracity will be tested at the time of cross-examination. 

The court also observed that statements of the witnesses show sufficient incriminating material against Khan. 

The judge also noted that at the time of riots, Khan was present in North-East Delhi and was connected with co accused persons namely Devangana, Meeran, Gulfisha, Khalid, Ishrat, Shadab, Natasha and Safoora, Saleem Khan, Saleem Malik, Shadab and Suleman.

"…. in the present case of conspiracy, as per the charge­ sheet, different organizations and groups are not just inter­related but also multi­layered. Thus, accused Shifa­ur­Rehman was part of JCC but some other members of JCC are also part of DPSG or MSJ or Pinjra Tod. Accused Umar Khalid is part of DPSG, MSJ and has a crucial role in the formation of JCC. Accused Athar is part of DPSG Whatsapp group (he was removed on 12.03.2020 from the said group)," the court said.

The court concluded there are reasonable grounds for believing that the accusations against Khan are prima facie true and therefore, the embargo created by Section 43D of UAPA and section 437 CrPC will be applicable in the matter.

Taking note of the charge­sheet, the court observed that there was a premeditated conspiracy of disruptive chakka­jam and a preplanned protest at 23 different planned sites in the national capital for escalating the same to confrontational chakka­jam and incitement to violence.

The FIR against Khan contains stringent charges including Sections 13, 16, 17, 18 of the UAPA, Sections 25 and 27 of the Arms Act and Section 3 and 4 of the Prevention of Damage to Public Property Act,1984.

The main charge sheet was filed against Pinjara Tod members and JNU students Devangana Kalita and Natasha Narwal, Jamia Millia Islamia student Asif Iqbal Tanha and student activist Gulfisha Fatima.

Others who were charge-sheeted include former Congress Councilor Ishrat Jahan, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, former Aam Aadmi Party Councilor Tahir Hussain, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Mohd Salim Khan and Athar Khan.

Thereafter, a supplementary charge-sheet was filed against Umar Khalid and JNU student Sharjeel Imam.