Umar Khalid Connected With Many Accused, Was Present In WhatsApp Groups Created For Specific Objects Throughout Riots: Delhi Court In Bail Order

Denying bail to student activist Umar Khalid in Delhi riots larger conspiracy case, a Delhi Court on Thursday observed that Khalid has connectivity with many accused persons and that his presence throughout in several WhatsApp groups during the period beginning from the passing of the Citizenship (Amendment) Bill in December 2019 till the February 2020 riots, has to be read in totality and not piecemeal.Additional Sessions Judge Amitabh Rawat denied bail to Umar Khalid in a case alleging larger conspiracy into the Delhi riots of 2020, involving charges under Indian Penal Code and UAPA. Khalid was arrested on 13 September, 2020 and has been under custody sinceRejecting the submission made by Senior Advocate Trideep Pais that although Umar Khalid was part of the MSJ and DPSG Whatsapp groups but he had not written many messages in the said groups which were provocative or incriminatory, the Court observed:"However, the fact that he was part of such groups created for specific objects and his acts or presence throughout the period beginning from the passing of the CAB Bill in December 2019 till the February 2020 riots, as mentioned above, has to be read in totality and not piecemeal. He has connectivity with many accused persons."On the other contention raised by Pais that Umar Khalid was not present in Delhi during the time of riots, the Court was of the view that in a case of a conspiracy, it is not necessary that every accused should be present at the spot. "Moreover, as per witness Neon, Amanullah had said that accused will move out on 23.02.2020 before riots. Witness Tariq Anwar had stated that Umar Khalid had told him to book tickets for him, specifically, for 23.02.2020 for traveling to Patna. When he said that the fight tickets are costly and he may book tickets after a few days, then Umar Khalid refused and thereafter, flight was booked for Umar Khalid for 23.02.2020 at 9.30 AM," the Court said. It added, "The contention that accused Umar Khalid is a researcher and his bent of mind can be assessed from his doctoral thesis on Welfare aspects of Adivasis of Jharkhand and other writings is not a relevant consideration while deciding the bail application. If the bent of mind is to be assessed in this manner, then the co-accused Sharjeel Imam has written thesis on riots but any thesis or research work, by itself, done by any accused cannot be a ground for assessing mens rea or his bent of mind. A bail application must be decided on facts presented in chargesheet."Thus, perusing the chargesheet and accompanying documents, the Court was of the opinion that allegations against the Umar Khalid were prima facie true and hence the bar for grant of bail as per Section 43D of the UAPA was attracted.Some inconsistencies in the witness statements; but cumulative effect has to be seen"I agree with the Senior Advocate for the accused that there are some inconsistencies in the statements of some protected witnesses; however, a finding has to be given on a cumulative reading of statements of all the witnesses & other events presented in the chargesheet", judge Amitabh Rawat observed in the order.The Court noted that Umar Khalid's name finds a recurring mention from the beginning of the conspiracy till the riots. He was a member of WhatsApp groups of Muslim students of JNU. He participated in various meetings. He gave reference to Mr.Donald Trump in his Amaravati speech. He was instrumental in creation of JCC. He was also mentioned in the flurry of calls that happened post-riots. It stated that as per the chargesheet, taken at face value, there was a "premeditated conspiracy" of the disruptive chakkajam and a preplanned protest at 23 different planned sites in Delhi which was to escalate to confrontational chakkajam and incitement to violence and resulting in riots. Further, there was intentional blocking of roads to cause inconvenience and to cause disruption of the essential services to the life of community residing in North East Delhi, causing violence with various means and then leading to February riots.The violence in February 2020 in North-East Delhi began with firstly choking public roads, attacking policemen and then public and where firearms, acid bottles and instruments were used, resulting in loss of lives and property and this was a result of the conspiracy.The Court opined that target was to block roads at mixed population areas and encircle the entire area completely stopping the entry and exit of citizens living there and then creating panic to attack on police personnel by women protesters in front only followed by other ordinary people and engulfing the area into a riots and the same would be covered by the definition of terrorist act under Section 15 of the UAPA. "The weapons used, manner of attack and the destruction caused shows it to be preplanned. Acts which threaten the unity and integrity of India and causes friction in communal harmony and creates terror in any section...

Umar Khalid Connected With Many Accused, Was Present In WhatsApp Groups Created For Specific Objects Throughout Riots: Delhi Court In Bail Order

Nupur Thapliyal

Tags