New Delhi [India], August 22 (ANI): The Delhi Police while opposing the bail plea of Umar Khalid before the Delhi High Court referred to speeches delivered by Sharjeel Imam at Asansol, Aligarh and Gaya against CAA-NRC.
The Delhi High Court is hearing the bail plea of Umar Khalid, an accused in a larger conspiracy case of North East Delhi Violence of 2020. The trial court had rejected the bail plea.
The division bench of justices Sidharth Mridul and Rajnish Bhatnagar heard the arguments advanced by Special Public Prosecutor (SPP) Amit Prasad. The bench will hear further arguments on Tuesday.
SPP Amit Prasad summed up his arguments on the line that the message of the speeches of Sharjeel Imam was for the mobilisation of Muslims with themes like “Muslims are in danger”, Babri Masjid, Triple Talaq, suppression of Muslims, CAA-NRC and the Kashmir issue.
Amit Prasad referred to speeches given by Sharjeel Imam in Asansol Assam, Aligarh in UP and Chakand in Gaya. The speech read over in the court was called “inflammatory in nature” by the prosecution which accused Imam of instigating the Muslims.
In one of the speeches read over in the court, Imam had reportedly said, Muslims did not gain independence in 1947. He was allegedly instigating Muslims to take to the roads and do chakka jaam.
On the last date of hearing on August 1, the prosecution had said that the Northeast Delhi riots were the results of larger conspiracy and the idea was to create a sense of fear in the minds of Muslims and to paralyse the city.
It was to be done through mobilisation on the name of Babri Masjid, Triple Talaq, suppression of Muslims, CAA-NRC and the Kashmir issue, as argued by Amit Prasad.
The senior Counsel for Umar Khalid had submitted that there are overlapping of allegations, not the roles attributed to the accused persons.
He also said that there is no attribution that Umar Khalid was present at the site of the violence. There are only inferences against him.
“We understand what you are saying, but in conspiracy, presence is not required”, Justice Siddharth Mridul said.
At the outset of the arguments, Amit Prasad said the riots were in two phases. First one was connected with the violence of December 2029 and the second phase was of February 2020 riots.
He argued that the first phase was a failed attempt. Therefore, in the second phase, there planning of large-scale mobilisation through WhatsApp chats in the WhatsApp groups created by the accused persons after the cabinet nod over CAB in parliament on December 4, 2019.
Amit Prasad further argued that WhatsApp groups like UAH, DPSG, MSJ and others were created. The DPSG group was created by Rahul Roy. Umar Khalid and the other accused were part of the group.
Justice Siddharth Mridul had raised a query, is Rahul Roy has been made accused. SPP replied that many other accused have been made accused in the charge sheet.
The SPP argued that most of the accused persons were connected through WhatsApp groups which were being used for mobilisation and for calls of the protest and chakka jaam.
He argued that the mobilisation was based on 5 factors namely issue of Babri Masjid, the suppression of Muslims, the issue of Triple Talaq, the Kashmir issue and CAA-NRC.
He had also argued that the idea was to create fear and paralyse the city by mobilising the people on these factors.
The issues of Babri masjid and triple talaq were related to religion, but the issue of Kashmir was integrity. It shows that the grievance was not the CAA-NRC, the grievance was other issues, had argued SPP Amit Prasad.
It was argued that people were mobilised through WhatsApp groups. As a result of this large-scale violence took place in phases one and two which include using of petrol bombs, firing, stone pelting, burning of vehicles, damage to private and public properties and assault on police personnel.
Round-the-clock protest sites were created which were managed, supervised and controlled by the accused persons including Umar Khalid and others through WhatsApp groups, SPP argued.
The idea was to paralyse the entire area of northeast Delhi by blocking two major roads namely Wazirabad Road and Seelampur road by a disruptive chakka jam. Sharjeel had talked of disruptive chakka jaam, Delhi police alleged.
The senior advocate appearing for Umar Khalid on Thursday had concluded his arguments on the bail plea. He submitted that no case of conspiracy is made out against his client and there are major contradictions in the statement of witnesses.
It was also argued that Sharjeel Imam was connected and known to each other. Sharjeel was introduced to Yogendra Yadav by Umar Khalid at a protest at Jantar Mantar in January 2020.
The said the objectionable speech was allegedly given by Umar in Amaravati on 17 February 2020. He was booked under UAPA by Delhi Police and was arrested on 13 September 2020.
Senior Advocate Tridip Pais had argued that there is no material, no basis of allegations in the charge sheet. It is based on hearsay.
During the argument on May 23, 2022, he had argued that Sharjeel Imam had criticized a secular movement against CAA and Khalid does not agree with it.
Pais had said I am (Umar Khalid) being lumped with a person who calls for a deeply communal protest against CAA. There is no ideological meeting of minds. (ANI)