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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Rajnath to top commanders: Outmaneuver adversaries with strategic surprise
Jaipur/New Delhi (PTI): Defence Minister Rajnath Singh on Friday directed the top military commanders of the three services to integrate an "element of surprise" into modern warfare to outmaneuver India's adversaries and bolster strategic posture.
In his address at the joint commanders conference in Jaipur, Singh also described the Operation Sindoor as a testament to the "swift, precise, and joint response" of the Indian armed forces to safeguard national interests and called upon the military to remain ready to deal with any security challenges.
In their two-day deliberations, the commanders carried out a comprehensive review of the combat preparedness of the military in the wake of the evolving regional security situation.
Operation Sindoor was a demonstration of India's growing capabilities and a symbol of the nation's collective resolve and new military ethos, Singh said, a day after the first anniversary of Operation Sindoor.
He also unveiled a 'Joint Doctrine for Integrated Communication Architecture' that is aimed at strengthening doctrinal clarity, interoperability and integrated communications across the armed forces in future multidomain operations.
The joint commanders' conference, themed 'Military Capability in New Domains', brought together the top leadership of the defence ministry and the three services to deliberate on emerging security challenges and future readiness.
Comprehensive deliberations were held on future warfare, multidomain operations, technological transformation and joint capability development.
The conference witnessed extensive discussions on cognitive warfare, cyber resilience against evolving quantum and AI-enabled threats, military capability development in emerging domains, indigenous innovation and AI-enabled warfighting concepts.
It was attended by Chief of Defence Staff Gen Anil Chauhan, Chief of the Naval Staff Admiral Dinesh Kumar Tripathi, Chief of the Army Staff Gen Upendra Dwivedi, Chief of the Air Staff Air Chief Marshal AP Singh and Defence Secretary Rajesh Kumar Singh among others.
In his remarks, Singh asked the commanders to remain "future-ready" by learning from the operation as well as the current global security landscape.
He underscored the need to strengthen capabilities in artificial intelligence, autonomous systems, data analytics and secure communication networks to stay prepared in the rapidly evolving geopolitical security scenario. He emphasised that future conflicts will increasingly be shaped by hybrid threats, information dominance and operations conducted simultaneously across cyber, space, electromagnetic and cognitive domains, according to an official readout.
Highlighting the transformative impact of emerging technologies, Singh stressed on the importance of ensuring integrated national preparedness across all spectrums of conflict, it said.
Singh's remarks at the conference came a day after the first anniversary of Operation Sindoor.
The defence minister appreciated the progress achieved in enhancing jointness, integration and technological adoption across the three services, the readout noted.
Singh said that jointness constitutes a pivotal dimension within the transformative changes sweeping across the global defence sector.
"Future wars will not be won solely through weaponry, but through innovative thinking and enhanced synergy," he said.
The defence minister exhorted the commanders to cultivate the "element of surprise" to remain unpredictable to the nation's adversaries and secure a strategic edge in any given situation.
He, however, urged them to remain vigilant of the element of surprise of the enemy and always stay two steps ahead.
Singh also reiterated the Narendra Modi government's commitment to enhancing the capabilities of the defence forces through state-of-the-art weapons and platforms. He added that special focus is being laid on research in niche domains.
During the conference, he released a documentary film on Operation Sindoor.
The film reaffirms the nation's and defence forces' commitment to operational preparedness and decisive national response capabilities.
Demonstrations of advanced systems and platforms developed for intelligence fusion, operational planning and information management were also showcased during the conference reflecting growing integration of cutting-edge technologies into joint operational structures, according to the defence ministry.
The discussions will contribute significantly towards shaping India's future military transformation and integrated operational preparedness, it said.
