2020 riots: Umar Khalid says Delhi Police FIR a 'joke', alleges evidence fabricated to implicate him
New Delhi (PTI): Activist Umar Khalid on Thursday opposed the framing of charges in the 2020 Delhi riots "larger conspiracy" case and told a Delhi court that he has spent five years in custody in this "joke of an FIR".
He alleged that evidence was fabricated to implicate him.
The arguments on framing of charges were being held before Additional Sessions Judge Sameer Bajpai.
Khalid's counsel, senior advocate Trideep Pais, said, "I have spent five years in custody in this joke of an FIR. This FIR doesn't have the sanctity of law."
The case is being investigated by Delhi Police's Special Cell.
Pais said the FIR, in which the prosecution claimed that 51 innocent people died, was unnecessary as these deaths are being probed separately.
"The deaths of those people are being investigated by 751 different FIRs," the senior counsel said.
He alleged that the prosecution initially decided to implicate a person and then targeted him by fabricating documents and filing the chargesheet.
"You first decide 'isko pakadna hai' (this person has to be caught)... then reverse engineering takes place," Pais said.
"There are no linkages (with the actual offences) and we are far away from recovery," he added.
Pais cited various orders of trial courts regarding the 2020 riots in northeast Delhi where the judges were critical of the investigative agency while acquitting the accused persons.
"Please see the falsehood of the chargesheet, the manner in which it peddles lies. This (Khalid) is a person who was not there," he said.
The court posted the matter for further proceedings on September 17.
Khalid was arrested in the case on September 13, 2020.
Twenty people, including activists Sharjeel Imam and Khalid Saifi, and former AAP councillor Tahir Hussain, have been booked for their alleged involvement in the "larger conspiracy" to incite the riots.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
