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Conspiracy charge against Umar Khalid unjustified: Court | India News

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NEW DELHI: A city court on Thursday granted bail to JNU scholar Umar Khalid in a case related to the northeast Delhi riots saying he could not be “allowed to remain behind bars on the basis of incomplete material. against him”.
Police had claimed that the acts of violence were the result of an alleged criminal conspiracy devised by Khalid, former councilor Tahir Hussain and activist Khalid Saifi. To substantiate its claim, the prosecution relied on the defendant’s location in the call data record (CDR).
Additional Sessions Judge Vinod Yadav said the only evidence for this “alleged” conspiracy was based on the testimony of an eyewitness. On September 27, 2020, the witness claimed that he had left Hussain in a building in Shaheen Bagh and saw Khalid and Saifi enter the same building on January 8, 2020.
“I do not understand from the aforementioned statement how a high conspiracy claim can be inferred. In my humble opinion, charging the applicant (Khalid) on the basis of such insignificant material is unjustified, ”the court observed.
He also noted that the argument that Khalid had been in regular contact with Hussain and Saifi by phone, which was evident from his location in the CDR on January 8, 2020, “had hardly any consequence” because it “prima facie” had no consequence. importance. way to establish the criminal conspiracy against you.
Khalid’s attorney, Trideep Pais’ chief advocate, argued that his client was framed as a political vendetta to muzzle dissent. He said Khalid was not physically present at the crime scene and was not seen in any CCTV footage or viral video, plus no witnesses specifically mentioned him.
The prosecution had relied on the alleged disclosures made to the police by the accused and relied on the witness’s statement to substantiate its claim that a meeting had taken place between Khalid, Hussain and Saifi in Shaheen Bagh. The court, however, noted that the witness statement only spoke of a meeting without revealing its subject.
It was also revealed that the same witness had registered his statement in the “conspiracy case”, with the number FIR 59/2020, against Khalid and others investigated by the Special Cell of the Delhi Police.
“The statement under Section 161 CrPC of public witness Rahul Kasana was recorded on May 21, 2020 where he did not utter a single word against the applicant (Khalid) as a criminal conspiracy. Now, suddenly, on video his statement recorded on September 27, 2020 sounded the trumpet of the criminal conspiracy against the plaintiff. This prima facie does not appeal to the senses, ”the court noted.
The court noted that Hussain was charged in 10 other cases with this “Chand Bagh puliya group in or around his home”. However, Khalid was not co-accused in any of those cases, not even on the basis of the material that was sought to be read against him.
“I do not find any basis in the police act involving the applicant (Khalid) in this solitary case for the crime of conspiracy. If the lead defendant (Hussain) was moved or acted upon by the applicant in a meeting dated January 8, 2020, then the applicant should have been a co-defendant in 10 other cases, which is also not the case. The police have unnecessarily brought the material from FIR number 59/2020 in this matter, ”the court said.
The court also stressed that Saifi had been granted bail and that the prosecution had not been able to show that Khalid’s alleged role was different from Saifi’s.
Although he was granted bail in this case, Khalid will remain in jail while facing another Unlawful Activities (Prevention) Act case that is being investigated by Special Cell.

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