- A Delhi (Karkardooma) Court has, in State vs. Umar Khalid, denied bail to Umar Khalid, a student of JNU and accused of involvement in a larger conspiracy case in connection with the Delhi riots of 2020, involving charges under IPC as well as under UAPA.
- The bail application was filed on 6-09-2021 under section 437 of CrPC read with section 43-D(5) of Unlawful Activities (Prevention) Act.
- The Counsel for the State had vehemently argued that the Delhi riots of 2020 were a large-scale and deep rooted conspiracy hatched after the Cabinet Committee passed a resolution to present CAB in both houses of Parliament. It was also argued that 23 protest sites were created in Muslim majority areas close to mosques/majaar and close to main roads.
- The learned Counsel also described the entire chain of events and referred to the statements of witnesses that were recorded both under section 161 and 164 of CrPC and other documents and chats on whatsapp groups to prove the existence and execution of the conspiracy. It was also argued that the individual role of the conspirators is not to be seen, rather a holistic view is to be taken while looking at the prima facie involvement of the conspirators in the conspiracy.
- The Counsel also stressed that the entire process was not natural or organic but was executed under a planned conspiracy and given the appearance of an organic protest. The role of Sharjeel Imam and Umar Khalid, the formation of JACT, DPSG, JCC were also brought to the notice of the Court.
- The Counsel for the applicant Umar Khalid, on the other hand, vehemently argued that the prosecution had failed miserably at establishing any incriminating link between the accused and the other conspirators, whether by physical presence or by remote communication.
- It was also argued that no prima facie case was made out against the accused, he is not visible in any CCTV recordings or any video footage, nor has the public or the police made any statement that establishes his presence at the scene of the violence. It was also alleged that the prosecution had tried to fill up the lacunae in their case by calling him as a ‘remote supervisor’ or ‘master mind’, among others.
- At the outset, the Court referred to the judgement of the Apex Court in the case of National Investigating Agency vs Zahoor Ahmed Shah Watalli and observed that an elaborate examination of the evidence is not supposed to be done at the stage of consideration of bail. The Court has to merely record a finding on the basis of broad probabilities regarding the involvement of the accused in the commission of the offence. Also, as held in the case of Thwaha Fasal vs Union of India (2021) it was held that this opinion has to be reached not only by referring to the chargesheet but also the case diary and other materials gathered by the investigating agency.
- Among various other observations, the Court said that the CAA/NRC protests happened all over India but the riots happened only in delhi. And the fact that the riots occurred on the same day on which President Donald Trump came to Delhi, and the world media was there to cover it does not appear to be a mere coincidence. The mention of this visit was specifically made by the accused Umar Khalid at his Amravati speech, as was mentioned the need to show these riots all over the world.
- The Court also observed that the contention that Umar Khalid is a researcher and that his frame of mind can be assessed from his doctoral thesis on Welfare aspects of Adivasis of Jharkhand is not a relevant consideration, as any thesis written by an accused cannot be a ground for assessing mens rea.
- Thus, after perusing the chargesheet and other accompanying documents, the Court was of the opinion that the allegations against the accused, Umar Kahlid were prima facie true, and the bail application was hence, rejected.
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