Northeast Delhi violence: No complaint of actual violence ties Umar Khalid, argues his lawyer
May 24, 2022
New Delhi [India], May 24 : The Delhi High Court on Tuesday heard the arguments on the bail plea of Umar Khalid, an accused in the larger conspiracy of northeast Delhi riots. Senior Advocate appearing for him argued that this is a case based on statements that are procured and drive the case, adding that no complaint of actual violence tied to him.
The High Court will continue hearing the petition tomorrow.
A division bench comprising Justice Siddharth Mridul and Justice Rajnish Bhatnagar on Tuesday heard the submissions of senior advocate Tridip Pais appearing for Umar Khalid. The bench is hearing the plea on a daily basis.
Senior Advocate Pais started his arguments with the query raised by the court yesterday "was any sense of fear in the aftermath of protests ?"
He submitted that the mere sense of fear is not sufficient and the sense of fear alone is not the object of the definition.
Pais during his arguments covered two incidents of December 13 and 16, 2019, he questioned the statement of witnesses and Whatsapp chats procured by the police.
During the arguments, Pais submitted that there were 751 FIRs related to violence. None of the complaints of actual violence tied to Umar Khalid. Still, he is bearing the brunt of custody for the last two years. Charges are not framed even after two years and witnesses exceed 700-800.
Pais submitted that the Sharjeel and Saiful Islam were not introduced to protestors as alleged by the prosecution on the basis of statements of some witnesses recorded in August 2020. He argued that not a single witness in the charge sheet corroborated that Khalid introduced Sharjeel and Saiful Islam to protestors and others on December 13, 2019.
Senior counsel Pais questioned the statement of a protected witness that says JCC was started by Umar Khalid.
He submitted that the group was started by Kumail Fatima. Even she didn't say that Umar Khalid started the group.
He also submitted that chats in DPSG groups run in volume. Khalid shares only four messages. If he was the mastermind then why did he has to send messages to the group, Pais argued.
This is a case where a statement is made in order to implicate. It doesn't have any relation to violence in Delhi, Pais argued. He added that the entire preface of this matter is to frame people under UAPA solely by messages.
He argued that his client was bearing the brunt of imprisonment for two years as you have the statement. It's not the investigation but statements which are procured that drive this case.
Pais also argued that there is a hoard of people calling for a chakka jam on December 22. None of them is accused. He submitted that the charge sheet is the imagination of the writer.
He read the portion of the charge sheet which mentioned the allegation of meeting Meeran Haider, and Khalid Saifi at Shaheen Bagh and raising another protest site at Khureji.
He dismissed the allegations saying that there is no statement, no CDR. He said that material is being fabricated intentionally to create prejudice against me. You don't have a witness. Still, you can say anything in the charge sheet because this is UAPA.
Delhi Police had booked Umar Khalid and other accused in the larger conspiracy under the section of stringent anti-terror law Unlawful Activities Prevention Act (UAPA). He was arrested on September 13, 2020. His bail application was dismissed by the trial court. He has challenged the said order denying bail to him.
