[Delhi Riots] Allegations of PFI's involvement, bringing Bangladeshi women to protest sites are 'fabricated' : Umar Khalid argues for bail in larger conspiracy case

During the hearing of his bail plea before a Delhi Court today, Umar Khalid's counsel, Senior Advocate Trideep Pais has argued that there is not a shred of evidence that shows that anything illegal happened at the Citizenship Amendment Act- National Register of Citizens (CAA-NRC) protest sites. 

Before Additional Sessions Judge Amitabh Rawat, Pais said that the statements of the witnesses alleging involvement of the Popular Front of India (PFI) in the protests and that it was an the instance of Khalid's father that 250 Bangladeshi women were called to protest sites were 'fabricated.'

Pais was arguing for Khalid's bail in FIR No. 59/ 2020. The prosecution had alleged that the protest against CAA-NRC at Jantar Mantar, Delhi was organized by the Welfare Party of India whose national president is Syed Qasim Rasool, Khalid's father. It had been alleged that children were taken in buses to the protest sites where Umar and his father were present.

The prosecution had also submitted the statement of one protected witness recorded as per the requirements under Section 164 of the Code of Criminal Procedure (CrPC). In his statement dated November 7, 2020, the protected witness, namely 'Helium' had said that PFI was involved and Umar Khalid had made a statement that Bangladeshis should be sensitized.

Refuting these allegations, Pais also said that this statement was recorded after months of Khalid's arrest whereas the statement under Section 161 CrPC of the same witness had been recorded two months earlier. 

Pais alleged that the statements are clearly fabricated as there was not even a shred of physical evidence. Pais also pointed out the inconsistency between Helium's and another protected witness Crypton's statements regarding Khalid's involvement in the said protest. 

Brushing off allegations of excessive calls made between the members of a WhatsApp group of which Khalid was also a member, Pais said, 

"After 1947 and '84, this is the worst riot we have seen…..people always call each other in emergent situations. Did we not call each other yesterday on the death of CDS Bipin Rawat?"

He contended that among the series of calls, there was only one call made by Khalid as he had to communicate about the police officer because he was not in the city on the said day. 

Pais's submissions have got concluded in the matter today. The matter will be next heard on January 5. It is expected that Special Public Prosecutor Amit Prasad will commence his submissions on behalf of the prosecution on that day. 

Pais has earlier argued that when Imam himself had admitted his role as the “mastermind”, there was no reason for Khalid’s implication in the matter.

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 the Unlawful Activities Prevention Act (UAPA). 

Cause Title: Umar Khalid vs State