New Delhi [India], October 17 : Delhi riots conspiracy case accused Umar Khalid's counsel on Friday argued that it is strange that Prosecution witnesses cropped up after one year of his arrest.
Karkardooma Court is hearing the arguments on framing of charges on behalf of Umar Khalid and other accused persons.
Additional Sessions Judge (ASJ) Sameer Bajpai heard the arguments on behalf of Umar Khalid and listed the matter for further arguments on October 28 and 29.
Senior advocate Trideep Pais submitted that it is strange that witnesses appeared after one year of Umar Khalid's arrest.
He also questioned the prosecution's reliance on bail dismissal orders and observation thereof by different courts.
"Bail orders are not adding to the charge; bail orders are only for bail," Senior advocate Pais argued.
He further argued that "you (the Police) came to know about a conspiracy to riot on March 6, 2020, even after a tweet by a prominent politician. Thereafter, you (police) recorded the statement."
It was further argued that witnesses are surfacing in June. One of them is Parvej Alam. Witnesses told about the meeting of December 8, 2019. It was also argued that a meeting was organised at Jangpura, and various persons were present there. Only two people are made accused, not others who were in the meeting.
Advocate Pais also questioned why it took the police until August 8, 2020, to take the statement of Purshottam Sharma, and thereafter Tahira Dawood. They were presented at the meeting held at Jungpura. It was also argued that Umar did not start the Jamia Coordination Committee (JCC). It was started with Kumail Fatima.
Police do not have evidence that Umar Khalid asked the people to do chakka jaam. Police have a statement of protected witnesses.
"You (police) don't have the evidence that attributes any violence to Umar Khalid," his counsel argued.
"This court is to decide where this case is going. It is going nowhere," Pais added.
During the earlier hearing, senior counsel, during the arguements, referred to a media report to claim that other persons were present in the meeting linked with the alleged conspiracy. Though have not been accused by the Delhi Police.
It was further argued that Umar Khalid even attempted to de-escalate the situation and asked protesters not to continue. However, he did not have control over others.
It was also argued that he wasn't even present at the "main conspiratorial meeting" allegedly held on January 8, 2020. It is alleged that, according to the Delhi Police, the entire "conspiracy" was allegedly planned based on this meeting.
During the arguments, senior advocate Tridip Pais, counsel for Umar Khalid, had argued that the main meeting in which Umar Khalid had supposedly conspired, he was not even present in the same.
Senior advocate Pais had submitted that, according to an analysis of CDR charts, they (Accused) weren't even there at the meeting. It was also submitted that there is no recovery from Umar Khalid, and there are no allegations of receiving or raising funds.
He also referred to the statements of protected witness Saturn during arguments. He argued that the alleged meeting was held on January 8. Umar Khalid was interrogated on May 21. His statement was recorded on September 27, after his arrest.
Delhi Police have already argued on the point of charges. The accused persons are now arguing the point of framing the charge.
There are 18 accused persons, including Umar Khalid, Sharjeel Imam, Tahir Hussain, Devangana Kalita, Natasha Narwal, Gulfisha Fatima, Asif Iqbal Tanha, Safoora Jargar, Abdul Khalid Saifi, Meeran Haider, Athar Khan, Shifa Ur Rehman and others.