New Delhi [India], September 12 : Delhi Karkardooma Court on Thursday heard the arguements on the charge on behalf of Umar Khalid, former JNU Student leader, now accused in the larger conspiracy of the Delhi riots case 2020. During the arguements, his counsel alleged bias against Umar Khalid and called the UAPA FIR a joke.
Umar Khalid is an accused alongwith Sharjeel Imam, Tahir Hussain and 15 other accused booked under the Unlawful Activities (Prevention) Act for alleged conspiracy of the Delhi riots 2020, which claimed 53 lives. Khalid was arrested on September 13, 2020.
Additional Sessions Judge (ASJ) Sameer Bajpai heard the arguements advanced by senior advocate Tridip Pias, counsel for Umar Khalid. After hearing the arguements, the matter was listed for September 17.
Senior advocate Pais submitted that there is apparent bias on the part of the probe agency against Umar Khalid. False documents were prepared after his arrest.
It was also submitted that the present FIR has been lodged under UAPA, allegedly dealing with the deaths during riots in North East Delhi. These deaths are the subject matter of other FIR registered for riots case.
It was further argued that while discharging or acquitting the accused in other riot cases, the court made several observations in favour of them. In the case of Umar Khalid, there is apparent bias.
The counsel also submitted that Umar Khalid has been in custody for more than five years for the alleged Conspiracy of riots, and he was not present in Delhi on the day of the riots.
On September 2, the Delhi High Court dismissed the bail pleas of 10 accused, alongwith Sharjeel Imam and Umar Khalid.
The High Court had said that the role of Sharjeel Imam and Umar Khalid in the conspiracy is prima facie grave in view of the allegations against them. Delhi Police have alleged that they delivered inflammatory speeches on communal lines to instigate a mass mobilisation of members of the Muslim Community.
"In the conspectus of the allegations levelled, it emerges that the role of Sharjeel Imam and Umar Khalid is prima facie grave in the entire conspiracy, having delivered inflammatory speeches on communal lines to instigate a mass mobilisation of members of the Muslim Community," the High Court had said in the judgement.
While opposing the bail pleas, SG Tushar Mehta had argued that each of the conspirators had played a vital role in the planning, strategising, and execution of the criminal conspiracy, all under the guise of protest against the CAA/NRC.
"The masterminds/top conspirators disseminated their messages through various speeches, pamphlets, WhatsApp Groups, etc., and their instructions were carried out by the foot soldiers," SG Mehta argued.
He also contended that keeping in view the large-scale violence that was sought to be undertaken, and which eventually took place in late February 2020, resulting in the loss of 53 lives, causing injuries to numerous members of the public, Police Officers and causing damage to public properties, the Appellants are not entitled to bail.