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Khalid, along with other accused, faced allegations of being involved in a premeditated conspiracy to incite riots in Northeast Delhi between February 23 and February 25, 2020. He had been charged under various provisions of the Indian Penal Code, the Prevention of Damage to Public Property Act, the Arms Act, and the Unlawful Activities (Prevention) Act.
Umar Khalid, a jailed student activist who was accused in the larger conspiracy case related to 2020 Northeast Delhi riots, asserted that mere inclusion in WhatsApp groups did not imply criminal involvement. Senior Advocate Trideep Pais, representing Khalid, submitted before the Delhi High Court that several individuals with more significant roles in the riots had already secured bail.
The bench of Justice Navin Chawla and Justice Shalinder Kaur recorded submissions made by Khalid.
Senior Advocate Pais contended that Khalid was actively engaged in communication on the WhatsApp groups cited by the prosecution as evidence of conspiracy. It was emphasized that Khalid had been added to the group by another individual and had not participated in discussions. Stating that mere presence in a group did not constitute wrongdoing, Senior Advocate Pais further argued that if any information had been shared with Khalid, it could not be attributed to him. It was also maintained that no criminal content was present in the messages in question.
Additionally, Senior Advocate Pais highlighted that co-accused Ishrat Jahan and Devangana Kalita, who allegedly played more significant roles in the case, were already granted bail. It was also pointed to the delay in trial as a relevant factor for consideration.
Background:
Violence unfolded in Northeast Delhi during protests against the Citizenship Amendment Act (CAA), which led to widespread clashes between supporters and opponents of the Act. Numerous incidents of stone pelting, arson, and violent protests were reported, causing substantial loss of life and property.
The Delhi Police filed the FIRs in connection with the riots. Several individuals, including activists, students, and political figures, were named in various chargesheets, facing allegations under stringent laws such as the Unlawful Activities (Prevention) Act (UAPA).
In October 2024, the Karkardooma Court issued a stern warning to the counsels for various accused in the 2020 Delhi riots, including Umar Khalid and Sharjeel Imam, stating, “Don’t take adjournments and be prepared to argue”.
The accused, including Umar Khalid, Sharjeel Imam, Tahir Hussain, Asif Iqbal Tanha, Ishrat Jahan, and others, are in the dock for their alleged roles in the 2020 riots that gripped Delhi. They are facing serious charges under the Unlawful Activities Prevention Act (UAPA).
Case Title: Umar Khalid v State[Inputs: Indian Express]
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