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Umar Khalid has challenged the lower court's order rejecting his bail application on the ground that there is no evidence linking him to the violence that erupted in Delhi during the riots.
The Delhi High Court on Friday reserved its judgment in the bail application filed by Delhi riots accused Umar Khalid after completion of the arguments put forth by both the parties.
A division bench of Justice Siddharta Mridul and Justice Rajnish Bhatnagar reserved the verdict and allowed Senior Advocate Trideep Pais, appearing for Khalid, two days' time to file a brief synopsis of his submissions.
Today, Pais while arguing for the accused Umar Khalid over the issue of conspiracy, submitted that the most important ingredient to show criminal conspiracy is entering into an agreement by two or more people. "The relative activity of the parties should be conscious. Whereas, other than showing the commonality of thoughts nothing else has been shown," he said.
Pais on behalf of Khalid further argued, "There were no recoveries from me, I was not present during the happening of any of these incidents, it is just cherry picking,"
Pais while clarifying the allegation that the Amravati speech by Umar Khalid led to the Delhi Riots submitted that "the accusation that the Amravati Speech of Khalid was for the incident in Delhi, he didn't ask Amravati people to come to Delhi. My request is to read the speech as a whole and not in the manner in which my learned friend wants to show."
"The speech given in the Amravati cannot be a spark in the powder cake in Delhi," Pais added.
Furthermore, Pais argued, "Several witnesses said that the speech was provocative, but nobody says what the provocation was, the speech is available on the public platform, they could have brought it."
Pais on behalf of Khalid submitted that "the slogan that 'Bharat tere tukde honge inshah allah inshah allah', has not been attributed to me."
Thereafter, Pais concluded his arguments. Special Public Prosecutor Amit Prasad also while making the concluding remarks, submitted that "we have shown the linkage, there were statements by the witnesses."
In view of the above, the bench reserved its judgment in the bail application while allowing two days for Pais to submit a brief synopsis of his arguments.
Earlier, SPP Prasad while referring to the statements of witnesses said that one of the witnesses said that the accused were saying, "Zyada se Zyada Mahilao ko ikhtaa karenge or Bharat sarkar k khilaf andolan karengey" (We'll collect more and more women and protest against the Indian Government).
Background:
On September 13, 2020, Umar Khalid was arrested in connection with communal clashes that broke out in northeast Delhi in February 2020, after violence between Citizenship (Amendment) Act, 2019 supporters, and its protesters became out of control, leaving many people dead and several injured.
While denying Khalid bail, Additional Sessions Judge Amitabh Rawat of Karkardooma Court found that Khalid's name is a "recurring mention" from the beginning of the conspiracy till the riots & that there are numerous statements of witnesses (recorded before the magistrate and before the police) highlighting "incriminating material" against the accused Umar Khalid.
Khalid has challenged the said order before the Delhi High Court on the ground that there is no evidence linking him to the violence that erupted in Delhi during the riots.
Case Title: Umar Khalid Vs. State of NCT Delhi
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