Read Time: 09 minutes

During the hearing of his bail plea before a Delhi Court today, Umar Khalid's counsel, read out a statements from the chargesheet which point to WhatsApp chats between Sharjeel Imam and another person in which has claimed that they were the "mastermind" and "Chakka Jam" was his idea and that none of the messages implicated Khalid.

Trideep Pais arguing on behalf of Khalid contended that when Imam himself admitted his role as the “mastermind”, there was no reason for Khalid’s implication in the matter, even when his presence in Delhi on the fateful day is disputed. It was Pais’s submission that only reason why Khalid has been implicated is because he was important to the CAA protests.

[On October 22nd, the Court had rejected bail for accused Sharjeel Imam, under scanner for offences under Unlawful Activities Prevention Act, sedition, promoting enmity between groups, among others. The Court had said that a cursory reading of the transcription of Sharjeel's speech delivered at Jamia Milia Islamia on December 13, 2019 against the Citizenship Amendment Act & NRC implementation is clearly on divisive lines and that just because other co-accused have been granted bail, Imam cannot claim parity with them]

Pais read out allegations pertaining to a meeting on December 26, 2019 which is said to have been attended by Harsh Mander, Umar Khalid, Khalid Saifi etc.

Pais then contended that the annexures to the chargesheet show that someone called Kumail Fatima started the Whatsapp group named Jamia Coordination Committee but Khalid has been accused of creating it.

Pais also argued against the role attribute to Khalid by Delhi Police in Delhi riots and said that the conduct attributed to other persons including Nadeem Khan, Saif ul Islam, Yogender Yadav is reflected much more than him, still he is under arrest. 

He averred that neither Khalid's presence at Delhi itself has been proved nor any recoveries in this regard have been made. He said that allegations against Khalid were mere conjectures of the Investigation Officer who has behaved like a script writer.

Khalid is facing court proceedings under the Unlawful Activities Prevention Act (UAPA) in connection with the Northeast Delhi riots.The matter was being heard before Additional Sessions Judge Amitabh Rawat.

Countering Pais's arguments, Special Public Prosecutor Amit Prasad appearing for the state said that Pais's arguments were only his imagination and he will counter them when his turn will come. 

The hearing is to continue on November 8 where SPP is to counter the contentions raised by the defence.

In Umar's matter, Adv. Pais had earlier also told the court that the charge sheet filed by the Delhi Police against Khalid did not read like a charge sheet but the script of “The Family Man” series. He had stated that 750 FIRs were registered in connection with the Delhi Riots but Khalid was not named in a single FIR. 

Pointing out that the transcription of Umar Khalid’s speech in Amrawati broadcasted by News 18 and Republic World was relied upon as evidence by Police against Khalid which was retrieved from a tweet of a BJP member, Adv. Pais had argued that the FIRs were unnecessarily filed against Khalid and were targeted against persons important to the protest.

Also, on September 6, following State's objection to the maintainability of the bail application of Ishrat Jahan, one of the co-accused in the Delhi riots matter, Khalid's counsel had filed a fresh bail plea substituting the old one replacing Section 439 CrPC with Section 437 CrPC which is currently being heard.  

Matter in Brief 

On September 13, 2020, Khalid was arrested in connection with communal clashes that broke out in northeast Delhi in February 2020, after violence between Citizenship (Amendment) Act supporters and its protesters became out of control leaving many people dead and several injured.

Khalid was granted bail in April in another case but has been in Tihar Jail over larger conspiracy charges under UAPA. 

Besides Khalid, several others including Natasha Narwal, Devangana Kalita, Safoora Zargar,  Asif Iqbal Tanha, and former Aam Aadmi Party councilor Tahir Hussain, and have also been booked under the UAPA provisions. 

Case Title: Umar Khalid vs State