[Delhi Riots 2020] SPP Amit Prasad concludes submissions in Khalid Saifi’s bail plea before Delhi HC

Special Public Prosecutor (SPP) Amit Prasad appearing for the State today concluded his arguments in the bail plea filed by 2020 Delhi riots accused Khalid Saifi before the Delhi High Court.

A special bench of Justice Siddharth Mridul and Justice Rajnish Bhatnagar was hearing appeals filed by the 2020 Delhi riots accused Khalid Saifi and others against the rejection of their bail applications by the trial Court.

During the hearing, SPP submitted that Khalid Saifi has been discharged in FIR 101/2020 by the trial court because of the "Umbrella Conspiracy" and that a case is already going on in the larger conspiracy case. So, he argued, that the contention of being discharged in this case doesn't stand.

On the contention that Khalid Saifi didn't know Sharjeel Imam, SPP mentioned the TAP WhatsApp Chat. Prasad further stated that in chats, Umar Khalid stated that Khurji could be made the other Shaheen Bagh. Furthermore, on the comparison made with Ishrat Jahan, Prasad said that she was not part of any WhatsApp group, while Saifi is part of various groups, so even that argument would not stand.

On the claims of custodial violence, SPP stated that a complaint to the Human Rights Commission was made and the same was closed in 2021. He argued that the senior counsel for Saifi almost after a year is agitating the issue, that too in a bail plea. He added that the defence could approach the appropriate forum, but they didn't do so for a year and that was their decision.

Prasad on the contention that the Police have selectively put data of the money that was being deposited to Saifi's Trust, submitted that it is not the case. He also demonstrated through statements of witnesses that the police have not concealed facts. Conclusively, SPP Prasad contended that every minute detail is there and there is no infirmity.

Taking note of the submissions, the Special Bench listed the matter for rebuttals on December 12.

Yesterday, Senior Advocate Rebecca John for the accused in the 2020 Delhi Riots Khalid Saifi concluded her arguments in his bail plea stating that Khalid Saifi has not committed any violence, rather he himself is a victim of custodial violence.

John alleged that the whole case setup was based on 2-3 men sitting in a special cell, who had given their opinion on the statements. She argued that opinions cannot be held as evidence. She contended that "Bail is a Rule! Jail is an Exception!" and that "the trial court failed to follow it".

Earlier, John had argued that the baseless remark used everywhere is that "Aurton ko aage baetha diya" (women were asked to sit in the front) during the protests as if they didn't have a mind of their own.

Trial Court Order

Earlier Trial Court's Additional Sessions Judge Amitabh Rawat dismissed Saifi's bail plea stating that the allegations against him seemed prima facie true. 

Senior Advocate Rebecca John had argued that Khalid Saifi was falsely implicated and that the entire case of the prosecution remained unsubstantiated and devoid of evidence. She had submitted that the prosecution relied on a WhatsApp Group called "DPSG". However, Khalid Saifi's participation in the said group was only peripheral and could not be used as evidence of any criminal conspiracy. 

SPP Amit Prasad had submitted that Khalid Saifi was a member of the WhatsApp Group DPSG, CAB Team, and United Against Hate (UAH) Okhla. He had also alleged that Khalid attended a meeting at Jangpura, Delhi which was also attended by Umar Khalid, Sharjeel Imam, Meeran Haider, and others. 

Allegedly, Khalid Saifi also attended the meeting on December 26, 2019, at Lodhi Colony after which DPSG was created on December 28, 2019. 

Case Title: Abdul Khalid Saifi @ Khalid v. State [Crl 210/2022]