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Delhi Riots Larger Conspiracy Case: Court Reserves Order On Umar Khalid's Bail Plea

Nupur Thapliyal
3 March 2022 11:38 AM GMT
Delhi Riots Larger Conspiracy Case: Court Reserves Order On Umar Khalids Bail Plea
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A Delhi Court on Thursday reserved order on the bail plea moved by student activist Umar Khalid in connection with a case alleging larger conspiracy into the Delhi riots of 2020, involving charges under Indian Penal Code and UAPA. Additional Sessions Judge Amitabh Rawat reserved the order after hearing rebuttal arguments of Senior Advocate Trideep Pais, appearing for Umar Khalid, and...

A Delhi Court on Thursday reserved order on the bail plea moved by student activist Umar Khalid in connection with a case alleging larger conspiracy into the Delhi riots of 2020, involving charges under Indian Penal Code and UAPA.

Additional Sessions Judge Amitabh Rawat reserved the order after hearing rebuttal arguments of Senior Advocate Trideep Pais, appearing for Umar Khalid, and Special Public Prosecutor Amit Prasad, appearing for the Prosecution.

The order is likely to be pronounced on 14th March.

During the course of hearing today, Prasad began his rebuttal arguments by referring to the third supplementary chargesheet filed in the FIR yesterday.

Prasad argued on the relevancy of the speech given by Umar Khalid in Amravati in February 2020. He submitted that an online application was filed on February 10, 2020 by one Aarif in Amravati stating that Umar Khalid will be giving a speech and was listed as dignitary, however the application was rejected by the Home Department of Maharashtra Government.

"This application was rejected on 11th February. 11th February is also relevant as that day announcement of Donald Trump visiting India came. On 12th, you still file an application through a party (Welfare Party of India), which is headed by your father. That application, you omit name of Umar Khalid and that application is allowed," Prasad added.

Arguing that the Amravati speech cannot be seen in isolation and that the overall conduct has to be seen in a case of conspiracy, Prasad submitted thus:

"Speech is given at a time, we have seen from chats, whole twitter army is put in place to make sure that whatever videos are made, are retweeted and flooded on social media to have wider circulation. Here is man, who according to our case, is one of the key players in the whole scheme of things. He has to now give a call when the date is already decided. We have seen from chats how mahila ekta yatra starts on 11th itself when there is no plan. What was the call of Amravati speech exactly? It was like the call of Chalo Dilli."

Prasad also referred to an argument made by Advocate Mehmood Pracha while arguing bail plea of other accused person on the presence of BJP leader Kapil Mishra during the relevant time.

He argued "How was such large quantity of acid, chilly powder surfaced within 30 minutes. If there was no planning? We have seen planning under sec. 164 of CrPC. I have not seen Kapil Mishra breaking CCTV cameras of Chand Bagh. But Saleem Khan was definitely there. Connection between Saleem Khan and Saleem Munna is established."

At the outset, Pais rebutted the aforesaid allegations by arguing that the new supplementary chargesheet is "not worth the paper it's written on."

Referring to the Maharashtra FIR registered against some unknown persons over Amravati speech incident, Pais argued thus:

"It's not even known that Trump is coming to India. The application is Rejected on 11th. Another application is then made, by a party which accused father is the President. Let us even see, is Umar Khalid an accused there? That FIR is not worth the paper it's written on."

"And in that FIR am I an accused? No. Based on that FIR, this is a terror act in Delhi which happened there."

"Is he a terrorist? You are making a mockery out of a UAPA prosecution. I work in a basement, I make WhatsApp calls because network doesn't reach. But I am a terrorist. The third chargesheet is not worth the paper it's written on."

Rebutting the aforesaid, Prasad argued:

"On 16th, order is passed. You want to go and make a public speech in violation of a govt order. You don't want to challenge the order. It may be illegal, let's assume for the sake of argument. You have all the plans to go. Why you are not accused in that? Because the Act will apply to those people who have been given the permission. But when you know you've been prohibited on 11th, but then you apply through Welfare Party of India, hide your name, go there and make a speech."

Hearing the parties, the Court reserved the order.

The FIR against Khalid 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. He is also charged of various offences mentioned under the Indian Penal Code, 1860.

In September last year, 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 included former Congress Councilor Ishrat Jahan, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, suspended AAP Councilor Tahir Hussain, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik, Mohd Salim Khan and Athar Khan.

Thereafter, a supplementary charge-sheet was filed in November against former JNU student leader Umar Khalid and JNU student Sharjeel Imam in a case related to the alleged larger conspiracy in the communal violence in northeast Delhi in February.

Read Khalid's previous arguments here:

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

Is 'Chakka Jam' An Offence? Being Part Of WhatsApp Group A Crime? Umar Khalid's Lawyer In Bail Hearing

"Pattern Of False Implication In Chargesheet, Cooked Up Witnesses": Umar Khalid's Lawyer In Bail Hearing In Delhi Riots Larger Conspiracy Case

Delhi Riots | "Chargesheet Contains Random Allegations Without Any Basis": Umar Khalid To Court In Bail Hearing

"Statements Of Witnesses Fabricated": Umar Khalid's Lawyer Concludes Submissions In Bail Hearing, Refers To Movie 'The Trial Of Chicago 7'

Read Prosecution's previous arguments here:

Delhi Riots A 'Conspiracy Of Silence', Idea Was To Completely Put System Under Paralysis: Prosecution Argues In Bail Hearing

Delhi Riots | Protests Were Inorganic, Meticulously Planned; Local People Used As Fodder: Prosecution Opposes Umar Khalid's Bail

"Agenda Was Not CAA-NRC But To Embarrass Govt In International Media": Prosecution Opposes Umar Khalid's Bail In Delhi Riots Case

Delhi Riots| Religious Places Were Purposely Chosen As Protest Sites & Given Secular Names: Prosecution Opposes Umar Khalid's Bail Plea

[Delhi Riots] Nothing On Merits, Wants To Create Perception By Referring To Web Series: Prosecution Opposes Umar Khalid's Bail Plea

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