2020 Delhi Riots: Salman Khurshid Argues For Shifa-ur-Rehman, Says ‘Sympathy For Protest Not Conspiracy’
Senior Advocate Salman Khurshid appeared for Shifa-ur-Rehman, President of the Jamia Millia Islamia Alumni Association, and commenced his arguments virtually in view of the ongoing lawyers' strike;
A Delhi Court on Monday began hearing arguments on framing of charges in the 2020 Delhi Riots larger conspiracy case, where several activists and student leaders face prosecution under the stringent Unlawful Activities (Prevention) Act (UAPA).
Additional Sessions Judge (ASJ) Sameer Bajpai of Karkardooma Court presided over the proceedings.
Senior Advocate Salman Khurshid appeared on behalf of accused Shifa-ur-Rehman, President of the Jamia Millia Islamia Alumni Association, and commenced his arguments virtually in view of the ongoing lawyers' strike.
Khurshid submitted a 35-page compilation along with a two-page note of judgments. He argued that the standard of “grave suspicion,” not mere suspicion, is essential for framing charges. "The trial court is not a post office simply forwarding the prosecution's case. It must independently examine the material placed before it," Khurshid contended.
However, the Court expressed difficulties in hearing arguments online in a criminal matter and urged Khurshid to appear physically. “It is very inconvenient to proceed virtually. Please come to court tomorrow and provide a hard copy of your submissions,” the ASJ said.
Khurshid, citing prior commitments before the Delhi High Court tomorrow, sought time till July 11 to appear in person.
While the Court noted that the case must be heard on a day-to-day basis, it accommodated the request and posted the matter for further hearing on July 11 at 11:30 AM.
Defending Sufi-ur-Rehman, Khurshid argued that the evidence merely shows his association with the anti-CAA protests and no participation in any unlawful or violent activity. “I am an old student, a representative of former students. There is no evidence linking me to any act that falls within UAPA or terrorism,” Khurshid said.
He admitted that Rehman was sympathetic to the cause and repeatedly called for peaceful protests, but emphasized that sympathy alone cannot be criminalized.
Addressing allegations that Rehman provided financial aid during the protests outside Jamia Millia Islamia, Khurshid contended, “Even if I gave money to buy food or rain covers for protesters, these are normal actions during a protest and cannot be equated with conspiracy.”
“Conspiracy requires a meeting of minds, and that element is not here,” Khurshid argued.
The Court directed Khurshid to furnish hard copies of his submissions by July 8.
The arguments will continue on July 11.
Previously
It is to be noted that on July 2, the Delhi Court had agreed to hear arguments on framing of charges in the 2020 North-East Delhi riots larger conspiracy case on July 7 at 12 noon, following a brief disruption due to an ongoing strike by lawyers at Karkardooma Court over the proposed digital court shift to Rouse Avenue.
On June 6, the Court noted that arguments would begin on July 2. “Considering the submissions of learned Special Prosecutors and counsels for the accused persons, the matter be put for arguments on charge on behalf of prosecution on 02.07.2025 at 12 noon,” the Court had stated.
Special Public Prosecutor Amit Prasad for the State had submitted that the prosecution will take approximately five days, on an average five hours per day, for concluding their arguments.
Counsels for the accused persons Tahir Hussain, Khalid Saifi, Tasleem, Safoora Zargar and Gulfisha, who had already advanced their arguments had told the Court that they will again start afresh, that too in a precise manner, so that the arguments on charge would be completed expeditiously.
The Court was also informed that the charge sheet runs over 17,000 pages, and given the volume, it was suggested that arguments begin after the summer vacation to maintain continuity. However, taking into account the right to a speedy trial and the time already elapsed, the judge fixed July 2 for commencement of arguments.
ASJ Lalit Kumar also observed that on the days the case is listed, no other major matter should be scheduled to ensure uninterrupted hearings.
Eighteen people, including Sharjeel Imam, Khalid Saifi, and former AAP Councillor Tahir Hussain, were booked under the Unlawful Activities (Prevention) Act (UAPA) and several provisions of the Indian Penal Code for allegedly being the masterminds behind the 2020 communal riots that broke out in Delhi.
Case Title: State v. Tahir Hussain & Ors.