Delhi Riots Larger Conspiracy Case: High Court Issues Notice On Bail Plea Of Shifa Ur Rehman

The Delhi High Court on Friday issued notice on the appeal filed by President of Jamia Millia Islamia Alumni Association, Shifa-Ur-Rehman challenging the Trial Court order denying him bail in connection with the Delhi riots larger conspiracy case (FIR 59/2020).

A division bench comprising of Justice Mukta Gupta and Justice Anish Dayal sought response of the prosecution while listing the matter in July before a division bench headed by Justice Siddharth Mridul, who is hearing similar pending appeals of other co accused persons in the FIR.

Rehman was denied bail by a local Court on April 7. The FIR against him contains stringent charges including Sections 13, 16, 17, 18 of the UAPA, Sections 25 and 27 of the Arms Act and Section 3 and 4 of the Prevention of Damage to Public Property Act,1984. He is also charged of various offences mentioned under the Indian Penal Code, 1860.

Before the Trial Court, Rehman had argued that merely being a protestor is not an offence and that every person is entitled to have his or her own opinion.

It was also submitted that the grant of sanction to prosecute him under UAPA in the Delhi Riots larger conspiracy case was 'pre determined' and that the authorities acted under the dictation of somebody while doing so.

He also argued that while the police alleged that Rehman, being Alumni of the Alumni Association of Jamia Millia Islamia (AAJMI), provided support to the protestors, none of the other office-bearers of the association had been made an accused.

Opposing the bail plea, the prosecution had argued that the riots were meticulously planned, there was destruction of properties, disruption of essential services, use of petrol bombs, lathis, stones etc., and therefore meeting the criteria which is required under 15(1)(a)(i),(ii) and (iii) of the Act.

The prosecution had added that a total of 53 people died during the riots, 142 people were Injured in first phase of riots and other 608 were injured in the second phase.

The prosecution had argued that the 2020 sit-in protests were carefully planned, picking strategic protest sites closer to 25 mosques. He had submitted that these sites were places with religious significance but were purposely given Secular names to give legitimate appearance to the allegedly communal protests.

Prosecution had referred to a December 20, 2019 meeting which was attended by Umar Khalid with Harsh Mander, members of United Against Hate, Swatantra Nagrik Sangathan, etc. The prosecution had averred that this meeting was key in deciding the areas of protest and strategies to mitigate police clashes by keeping women at the forefront.

It was also argued that the the issue regarding the protests was not CAA or NRC but to embarrass the Government and to take such steps that it gets highlighted in the International media.

Main thrust of prosecution's arguments was that the DPSG group was a highly sensitive group wherein every small message was privately deliberated upon and then passed forward to other members. Every decision taken was conscious and well thought over, prosecution had said.

The prosecution had submitted that while the case of the prosecution is not that every person who surfaces in the conspiracy has to be made an accused and that merely being silent on a group does not make one an accused, however, it was added that in case evidence is found against any person, criminal action has to follow.

In this backdrop, The prosecution had argued that there was a 'conspiracy of silence' in committing the 2020 North East Delhi riots, idea behind which was to completely put the system under paralysis.

The main charge sheet was filed against Pinjara Tod members and JNU students Devangana Kalita and Natasha Narwal, Jamia Millia Islamia student Asif Iqbal Tanha and student activist Gulfisha Fatima.

Others who were charge-sheeted included former Congress Councilor Ishrat Jahan, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, suspended AAP Councilor Tahir Hussain, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik, Mohd Salim Khan and Athar Khan.

Thereafter, a supplementary charge-sheet was filed former JNU student leader Umar Khalid and JNU student Sharjeel Imam the matter.

Case Title: Shifa ur Rehman v. State