North East Delhi violence: HC allows Delhi police to place on record charge sheet against Sharjeel Imam

New Delhi [India], December 21 : The Delhi High court on Wednesday permitted the Delhi Police to place on record the charge sheet filed against Sharjeel Imam in the larger conspiracy case related to the Delhi riots. His bail is under consideration before the High Court.
Division bench comprising justices Sidharth Mridul and Rajanish Bhatnagar permitted Special Public Prosecutor (SPP) for Delhi Police Amit Prasad to place on record the charge sheet filed against Sharjeel under UAPA.
The bench adjourned the matter till January 9 on the request of the counsel for accused.
Meanwhile, the court granted time to SPP Amit Prasad for rebuttal arguments in the bail matter of Abdul Khalid Saifi. The matter has been listed on January 5, 2023 for further hearing.
While concluding the argument on behalf of Abdul Khalid Saifi, senior advocate Rebecca John submitted that the restriction under section 43 D does not oust the powers of constitutional court for granting bail in UAPA.
She also submitted that the restriction in UAPA is lighter than that in MCOCA.
The constitutional court has power to grant bail in the case registered under UAPA. This court is a constitutional court, senior advocate submitted.
While granting bail in under UAPA the court is to consider that whether there is a prime facie case is made out or not. Secondly, there is a strong reason to believe that the allegations levelled against the accused are true, she added.
Senior advocate also submitted that the court's opinion should be based in the material against the accused.
Earlier, December 12 the court had reserved the order on the bail plea of Khalid Saifi.
However, senior advocate moved an application seeking permission to lead arguments in the matter. The application was allowed by the court.
Khalid Saifi is one of the accused in larger Conspiracy of North East Delhi riots lodged under UAPA. Umar Khalid is also one of the accused.
Earlier, the Senior Advocate Rebecca John in her rebuttal argued that the evidence against the accused is not trustworthy but dubious.
She had submitted, "To conclude, in whichever way you look at it, the evidence against Khalid Saifi is dubious."
Senior advocate argued, "if I want to say Khureji has potential to be next Shaheen Bagh, is that an offence under UAPA? How crazy can we get? I know we live in crazy times but is that offence under UAPA?"
Khalid Saifi has challenged the trial court order denying him bail in the larger conspiracy of Delhi riots of February 2020. He was denied bail by the Karkardooma Court.
While concluding his argument opposing the bail plea of Abdul Saifi, Special public prosecutor (SPP) for Delhi Police had submitted in the Delhi High Court, "Discharge of Umar Khalid and Khalid Saifi in Khajuri Khas riot case does not mean the lack of evidence."
SPP Amit Prasad had said, "Before we go ahead, the first issue is the celebrated order regarding discharge in case related to riots in Khajuri Khas, that was quite a bone of contention to say this is the kind of prosecution they have been made to face. As far as Khalid Saifi and Umar Khalid are concerned, the reason for their discharge is not lack of evidence but because they are being prosecuted in this case."
"Discharge in the said FIR 101/2020 does not take us to a logical end that there is no evidence against the accused persons," SPP Prasad added.
A Delhi Court hearing riots related cases has recently discharged both Khalid Saifi and Umar Khalid in a riot case, observing that the allegations made against them relate to an Umbrella Conspiracy rather than conspiracy pertaining to the incident being probed in that case.
Justice Mridul had asked the SPP, "You mean the Umbrella conspiracy encompasses the case in which they have been discharged?"
SPP replied in affirmative. He was opposing the argument advanced by Senior Advocate Rebecca John that there was no connection between Khalid Saifi and co-accused persons in the case.
The speeches made by Khalid Saifi were identical in nature to the speeches made by Umar Khalid and Sharjeel Imam. He is a resident of Khureji, but he gave speeches in Jamia, SPP had submitted.
The SPP had also submitted that Khalid Saifi and Umar Khalid were members of whatsapp groups United Against Hate (UAH) and DPSG, they attended all the meetings and were present everywhere.
It was argued on behalf of Khalid Saifi that there is no connection of petitioner with the protest site of Chand Bagh where the first incident of violence occured. This contention was opposed by Prasad and he said that merely because in Khureji violence did not erupt does not mean that it was not a part of the conspiracy.
During his concluding argument the SPP said that there is ample evidence against the appellant and there is no infirmity in the order denying bail to him. He also cannot claim parity with Ishrat Jahan who was not a part of any Whatsapp groups.