Umar Khalid Claims Police Singled Him Out, Didn’t Make Others With ‘Bigger Role’ As Accused In Delhi Riots Case

Former JNU scholar Umar Khalid on Thursday alleged earlier than a Delhi Court that the Delhi Police indulged in “pick and choose” motion and solely named him as an accused within the 2020 Delhi riots bigger conspiracy case, whereas leaving numerous different people, together with some who’re attributed “bigger role” within the chargesheet.

Senior Advocate Trideep Pais made the submission on behalf of Khalid earlier than Additional Sessions Judge Sameer Bajpai of Karkardooma Courts, whereas opposing framing of expenses in opposition to Khalid.

The case pertains to FIR 59 of 2020 investigated by Delhi Police’s particular cell. The UAPA case alleges a bigger conspiracy within the fee of the 2020 North-East Delhi riots.

Pais referred to the primary supplementary chargesheet filed by the Delhi Police and the fabric cited in opposition to Khalid primarily based on which he was named as an accused within the case.

“Several persons, identically situated, no qualitative difference between my role and their role. But I am (roped in),” he mentioned.

Pais mentioned that Khalid is accused of being a part of WhatsApp groups- DPSG, JCC, JACT and Muslim Students of JNU. He submitted that if Umar Khalid was named an accused on the advantage of being a part of the mentioned teams, then why not one of the admins have been made an accused.

“Be that as it may, what is the qualitative difference between me and the another person in same group?” he requested.

He then referred to the statements given by some protected prosecution witnesses to the Delhi Police to argue that the identical don’t make out an offence beneath UAPA or any offence in any respect.

In one of many statements, it was talked about that there was a “conspiratorial meeting” on December 08, 2019, in Jangpura attended by Umar Khalid, and numerous others, together with Yogendra Yadav and Nadeem Khan .

“He (Yadav) wrote an editorial, an op ed, on this FIR in which he asks the question why I am not an accused…. What is the qualitative difference? What Yogendra Yadav and Nadeem Khan did as opposed to what I did or what Sharjeel Imam did? I am not saying that you don’t have other material to try to pin on me but this incident which you are using as a conspiracy, why are those (people) not accused? Also, according to me they have done nothing wrong,” he mentioned.

“If this is the conspiracy on which you are pegging, then why don’t you have others as accused?” he continued.

Pais then referred to an announcement of 1 Tahira Dawood through which it was talked about that Khalid talked about protesting throughout India and together with muslim college students within the protests. “Far and wide, I don’t see any terror in this,” Pais mentioned.

Further, he additionally referred to the assertion of 1 Parvez Alam, not named as an accused within the case. Pais mentioned that Alam attributed comparable function to every particular person within the Jangpura assembly and even provided larger roles to others however solely Khalid was named an accused and never others.

“In the meeting spoken of by this person at Jungpura, he attributes similar role to each person or he offers some role to others. Not accused. To some, he even attributes bigger roles. But I am accused and they are not. How is it criminal is not understood. Nobody attributed any decision to me,” Pais contended.

Referring to the assertion of protected prosecution witness Bravo, Pais mentioned that DPSG group, which is claimed to be the start line of the conspiracy, was began by one Rahul Roy and Saba Diwan, each of whom aren’t accused.

“All roles as to who will do what is given to different people by Saba. Umar Khalid has not given any works…How do you delineate my role to be higher or lower than the others?,” he mentioned.

The matter will now be heard on October 14.

Earlier, Pais had flagged fabrication of proof discovered by the trial courtroom in seventeen 2020 Delhi riots instances, out of the 93 instances which resulted in acquittals.

He had argued that Khalid has spent 5 years in custody within the Delhi riots bigger conspiracy case, calling it a “joke of an FIR.”

Khalid was arrested within the case by the Delhi Police on September 13, 2020. He was not too long ago denied bail within the case by a division bench of the Delhi High Court on September 02.

He has approached the Supreme Court difficult denial of his bail. The matter is listed for listening to on October 27.

Vide the impugned order, the Delhi High Court additionally denied bail to co-accused Sharjeel Imam, Athar Khan, Khalid Saifi, Mohd Saleem Khan, Shifa ur Rehman, Meeran Haider, Gulfisha Fatima and Shadab Ahmed. A special bench additionally denied bail to co accused Tasleem Ahmed.

In its order, the High Court noticed that prima facie, the function of Sharjeel Imam and Umar Khalid in your complete conspiracy is “grave”, having delivered inflammatory speeches on communal strains to “instigate mass mobilization of members of the Muslim community.”

It additional mentioned that the trial want solely progress naturally, as a “hurried trial” will probably be detrimental each to the accused and the State.

FIR 59 of 2020 was registered by Delhi Police’s Special Cell beneath numerous offences beneath the Indian Penal Code, 1860 and the Unlawful Activities (Prevention) Act, 1967.

The different accused within the case are Tahir Hussain, Khalid Saifi, Isharat Jahan, Meeran Haider, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Devangana Kalita, Faizan Khan and Natasha Narwal.

In June 2020, Safoora Zargar was given bail on humanitarian grounds on account of her being pregnant. In June 2021, the High Court, on deserves, granted bail to 3 different accused – Asif Iqbal Tanha, Devangana Kalita, and Natasha Narwal.