Delhi High Court questions UAPA charges against Umar Khalid, Sharjeel Imam in Delhi riots case
'Is organising protest enough for UAPA?' Delhi HC asks police
New Delhi (PTI):
The Delhi High Court on Wednesday questioned the police if organising protests was enough to attract anti-terror law UAPA in a February 2020 riots' case, while asking it to specify the roles of activists Umar Khalid, Sharjeel Imam and others in instigating violence.
A bench comprising Justices Navin Chawla and Shalinder Kaur posed the query to the special public prosecutor Amit Prasad while dealing with their bail pleas in a case of alleged "larger conspiracy" behind the violence.
The bench remarked there could be no dispute as long as the the accused, who were stated to be protesting against a law, did not "exceed their rights".
The counsel was therefore asked to furnish the "specifics".
"In the WhatsApp groups, there is instigation that let's do this..a planning which is of chakka jam. There is also a hint of violence and violence actually happens. Till then, yes, if they are involved, you may say UAPA is attracted. But when you draw attention to something like a JACT (a WhatsApp group) and your argument is that they are organising protest sites, is that good enough?" asked the bench.
The court further asked the SPP if it was the prosecution's case that only a protest site was enough for UAPA or whether a protest site that paved way for violence was.
"Most importantly, for us, it is the intent under UAPA which has to be established," it added.
SPP Prasad said based on the material, including statements of witnesses, the role of each accused in the present case was identified and that's the reason not all members of the WhatsApp groups were named as accused.
"Come to the specifics then that for this man, this is what I have against him, this is why I am saying he was actually instigating violence rather than having a protest," the court told the SPP.
Prasad argued peaceful protests were merely a "facade" and the actual plan was "mass violence".
The conspiracy, he claimed, started in December 2019, with "first phase" of riots erupting on December 13, 2019.
He reiterated the police's stand that contrary to the narrative, the protest site at Shaheen Bagh -- whose "mastermind" was Sharjeel Imam -- was not a "nani-dadi protest" as there was evidence to show it was "not organic".
Women were "imported" there from other places in the capital, Prasad claimed.
The prosecutor said during the period of the conspiracy, several WhatsApp groups were formed with the accused persons; secret meetings were held among them and a plan was hatched to incite violence and hold chakka jam during the visit of former US President Donald Trump.
During the hearing, he also played videos of Chand Bagh area to demonstrate mobilisation of a mob which allegedly attacked police personnel.
The court will continue hearing the matter on December 9.
Khalid, Imam and others were booked under the Unlawful Activities (Prevention) Act (UAPA) and provisions of the IPC for allegedly being the "masterminds" of the February 2020 riots, which left 53 people dead and over 700 injured.
The violence erupted during the protests against the CAA and NRC.
While challenging the trial court orders refusing bail, Khalid and others cited their long incarceration and parity with other co-accused who were granted bail.
Most bail pleas, including the ones by Imam, Gulfisha Fatima and Khalid Saifi, were filed in 2022, and heard by different benches from time to time.
Khalid moved the high court in 2024 seeking bail for the second time, after his plea was dismissed by the high court in October, 2022.
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