"Chargesheet reads like 'The Family Man' script", Adv Trideep Pais in Bail Application of Umar Khalid

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Adv. Trideep Pais arguing for former JNU student Umar Khalid in an FIR registered against him under the Unlawful Activities Prevention Act (UAPA) in connection with the Northeast Delhi riots, today said that the chargesheet filed by the Delhi Police against Khalid did not read like a chargesheet but the script of “The Family Man” series.

Pais pointing out words used in the chargesheet for Khalid like “Umar Khalid, a veteran of sedition” etc made it look like it was a biography on Khalid.

On the allegation in the 2016 chargeesheet that Khalid had uttered the words “Bharat Tere Tukde Tukde Honge, Insha Allah Insha Allah”, Pais submitted that there was no evidence was placed on record by the prosecution to this effect.

Pais submitted in this regard, that there was a "poetry competition" where slogans were raised by students belonging to the left, after the same was opposed, the students left the place peacefully and no FIR was filed in this regard.

Referring to an interview with Zee News in 2016 on the topic of Kashmir, Pais submitted that nowhere in the video Khalid has been seen uttering the words “Bharat Tere Tukde Tukde Honge”.

Pointing at the chargesheet Pais further submitted, “He has been called “the harbringer of the call “Bharat Tere Tukde Honge” and that if it were so, they should have attached the chargesheet along with the case. Where you could have given evidence against me and you have not given, it shows you are lying. This is a white lie. This is a fertile imagination of the police who wrote this.”

The chargesheet further alleged that Sharjeel Imam was the disciple of Khalid and called Khalid “one of the topmost conspirators as established so far” in the riots. In this regard Pais submitted that never has Imam said this anywhere.

’This reads like a 9 pm news channel story where they say whatever they want to say. Absolutely no responsibility”, Pais remarked.

On the allegation that Khalid had preplanned everything to protest against the government where the chargesheet reads “Previous brushes with law were clear in his mind,”, Pais submitted "as if they knew what was in his mind. The last person to get into someone's mind was Voldemort from Harry Potter."

Pais submitted that these statements were deliberately made to frame Khalid as guilty in the minds of the public.

Pais submitted that there was not a single evidence which suggested that Khalid, Yogender Yadav and Imam used social media for large scale indoctrination and mobilization of youths for Chakka Jaam as a protest against the Citizenship Amendment Act (CAA).

On the police alleging that the anti-CAA protest was organized in “furtherance of a conspiracy with a clear mind to mask these protests with the secular façade providing mass base and more acceptable civil society participation and also to exploit women and children as a shield while facing the police”, Pais argued that “are women not allowed to protest? Were people from different communities not protesting against the CAA?”

“Who is dividing the country on communal lines? It is the Police. How can Islam and Masjid be negative words? The protestors against the CAA cannot be said to be against the country, the fact they were protesting against the CAA shows they want to live in this country.”

Pais further argued that  Khalid was the member of the WhatsApp group and had sent only 4 messages on the group. He was not a leader of any movement and did not create violence in the country. There are about 700 witnesses and nobody even named him.

The court will hear the matter next on Sep 6.

In the previous hearing Pais had pointed out that the transcription of Umar Khalid’s speech in Amrawati broadcasted by News 18 and Republic World, which was relied on as an evidence by the Police against Khalid, was retrieved from a tweet of a BJP member.

Case Title: State vs Umar Khalid