Read Time: 16 minutes
When the Prosecutor opened his arguments for the day, he pointed to a meeting that took place at “Chand Bagh” on 15th and 16th January and that there are statement under section 164, Code of Criminal Procedure (before the magistrate) which have deposed - “Dande, Patthar, Lall Mirch, Tezaab ikkathey kiye gaye” (Lathi’s, Red Chilli, Acid and stones collected). He said that there was no rhyme or reason for collecting these supplies if the meeting was conducted in order to pan out a “peaceful protest”. In doing so, he was insinuating that violence that ensued was pre-planned and part of a larger conspiracy.
The Prosecutor showed a number of whatsapp chats to suggest that there was one person “Owais” who consistently talked about the issue of Violence which was allegedly being planned. In one of his chats on the DPSG group, he said that there is an “irresponsible behaviour” and local people are being thrown under the bus. Further to this, it is amply clear, Prasad said, that these supplies of Red chillies, lathis and stones were being collated because another whatsapp text on the group by Owais is highlighting the unfortunate violent angle the protests were taking.
Chats of DPSG group – Owais sultan on DPSG group
Chats of DPSG group – Owais Sultan’s text messages
The Prosecutor highlighted eloquently that there was pre-planned mobilization at behest of the organisers of the “protests” in order to perpetuate violence and that this was evident from not only the statement recorded under section 164 by various witnesses, but also by the CCTVV footage which showed that there are heavy mobilization of people in the Chand Bagh area lanes. CCTV footage filed in the Chargesheet and supplementary chargesheet pointed to the said, pre-mediated and large-scale mobilization he said.
Further to this, the Prosecutor said that according to the statement, one person had told the Magistrate, “ladies and gents were handed over lathi’s, stones, gavel etc”.
To further substantiate this, the Prosecutor told Court that Umar Khalid had told one, “Gul” -
“Sarkar musalmano ke khilaaf hai, bhashan se kaam nahi chalega, khoon bahana padega”.
Statement to magistrate under 164, part of chargesheet and supplementary chargesheet
Link to videos of CCTV Footage that was played in the Court today. (These are part of the Chargesheet and supplemental chargesheet filed by the Delhi Police)
1. Prosecutor plays CCTV footage of mobilisation in Chand Bagh Area on 24.02.20.
Link: https://twitter.com/LawBeatInd/status/1488786848411680769?s=20&t=acOcPJnPlekmF_8iNIa_WA
2. Prosecutor plays CCTV and his moot point is to substantiate collection of lathis and mobilisation in Chand Bagh Area on 24.02.20. “These are people preparing lathis for a ‘peaceful protest’,” he says Link:https://twitter.com/LawBeatInd/status/1488787353636601858?s=20&t=acOcPJnPlekmF_8iNIa_WA
3. Request you to keep note of the time. This is between 12.02 pm - 12.09. Most men and women in these videos (multiple being played) had danda’s and Jhanda’s: Prosecutor
Link: https://twitter.com/LawBeatInd/status/1488789463484755969?s=20&t=acOcPJnPlekmF_8iNIa_WA
The Prosecutor showcased the alleged involvement of the co-conspirators and highlights more Whatsapp messages on the DPSG group which read, “Aag lagwane ki poori tayyari hai” (We are entirely ready to light a fire)”. This, the prosector submitted was obviously a trailblazer to suggest the violent tendencies that were attributed the “protests”.
The Prosecutor showcased the alleged involvement of the co-conspirators and highlights more Whatsapp messages on the DPSG group which read, “Aag lagwane ki poori tayyari hai” (We are entirely ready to light a fire)”.
This, the prosector submitted was obviously a trailblazer to suggest the violent tendencies that were attributed the “protests”.
Chats in DPSG Group
Further to this, the prosecutor pointed out another message by Khalid Saifi on Whatsapp which said there is a complaint which has been filed against BJP Leader Kapil Mishra.
Prosecutor submitted that this was a way of deflecting to put blame on him, where in fact it is clear from chat logs that Jaffrabad Violence planned, perpetuated by the others who were on the DPSG group.
It is the case of the Prosecution that the mobilization of people was done at behest of distributed incharges at the protest site, at Jaffrabad, Devangana Kalita was the “incharge” and a statement by one “William” suggested that 10 buses were arranged: 250 women & children were mobilised to go to Jantar Mantar. William said he met Umar Khalid there who said that Jehangirpuri has many Bangladeshi’s & they should be ‘educated’ about CAA/NRC.
Statement under section 164 by one “William”
He added that no local women were part of “protests”. “Women mobilised and whatsapp chats very telling to establish this,” he said.
“Devangana Kalita, Safoora Zargar, others mobilised crowds. Protest not “organic” or but well thought out & violence pre-planned,” he added.
Interestingly, the Prosecutor also submitted that there was a statement before the magistrate which said that Jahnvi, Natasha, Umar Khalid and Tabrez were involved in a larger conspiracy connected with Delhi Riots. He also added that one Owais, was the only man on the group who was against the violence as made out from the whatsapp chats. He said in one of the chats, “Pinjra Tod ki mob mentality ki wajah se, logon ki jaan khatre mei hai. Humare ghar jalne ke baad aap solidarity meeting aur relief work karlenge,” the prosecutor said.
“Statement before Magistrate says “burqa clad” women were mobilised & Pinja Tod members mobilised, no locals present”: Prosecutor
Following this, the prosecutor showed Court a message on the Whatsapp Group DPSG by one Advocate Tanvir Anas, in which he said “there is a concerted plan”. “He is legal advisor. When we say its a concerted plan to violence, police becomes bad but when your own book says so, no problem?”: Prosecutor
Chat on whatsapp group by Tanvir, on whatsapp group DPSG
Finally, the prosecutor showed that, allegedly after the news spread that a constable from Delhi police had been killed in the ensuing violence, multiple calls were made between the alleged co-conspirators.
“At 4.44 pm, after news of Delhi Jaffrabad maujpur violence broke out suggesting Constable died after ensuing violence, Umar Khalid Called Natasha Narwal who is the “incharge” of this site. This is a twelve minute call at 5.02 PM”: Prosecutor He added “When riots, bomb blasts happen, everyone perpetrating starts calling each other. There are long calls on the face of it”
Chargesheet with call records
Following this, the Prosecutor stated that there was immense flurry of calls between multiple persons and that there was causation for disappearance of evidence.
Brief Exchange (in court):
“Mariya Salim says lets delete the group and reconvene on Signal. If dont have anything to hide, why need to delete”: Prosecutor
“A message by Rahul Roy says “each person needs to delete messages individually”: Prosecutor
“Message by Yogendra Yadav shows meeting did happen in ISI and there is an attendance sheet to keep track of who all attended the meeting. Where is the peaceful protest here? What is the irresponsible behaviour hes talking about in this message?”: Prosecutor
“Harsh Mander’s message on Peace Committee group says “need Non Muslim” young people ok every protest site. Sir; now who is doing muslim and non muslim? When Chargesheet says this, Investigating Officer becomes Communal”: Prosecutor
Deletion of incrimination messages – Chargesheet
Chat group message on Peace Committee group by Yogendra Yadav
Message on “Peace Committee” whatsapp group by Harsh Mander
Refer complete thread here: https://twitter.com/LawBeatInd/status/1488749945520009216?s=20&t=acOcPJnPlekmF_8iNIa_WA
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