'No Terrorist Act Committed, Mere Presence At Protest Site No Ground To Invoke UAPA': Khalid Saifi Argues For Bail In 2020 Delhi Riots Case

United Against Hate founder Khalid Saifi, an accused in the 2020 Delhi riots 'larger conspiracy' case, on Tuesday (March 25) told the Delhi High Court that there was nothing to show that he committed any terrorist act or that he conspired to commit any terrorist activity.

Senior Advocate Rebecca John appearing for Saifi submitted that mere presence at a protest site at a public place cannot be a ground to invoke the stringent UAPA.

John was making rebuttal submissions in Saifi's bail plea before a division bench comprising Justice Navin Chawla and Justice Shalinder Kaur.

“Assuming that I was present at Jantar Mantar, mere presence at protest site which is at a public place cannot be a ground to invoke UAPA or to say that there was a conspiracy to create riots,” she said.

John submitted that Khalid attended the protest believing that the CAA bill was wrong and that the two individuals who created DPSG WhatsApp group were not made an accused in the case by the Delhi Police.

“I accuse the prosecution of following the policy of pick and choose. They decide who are going to be the accused while they read out materials against persons who are not accused but are administrators of groups etc,” John said.

She further submitted that public places like Jantar Mantar and Gandhi Peace Foundation where Khalid was present are placed where seminars or meetings are held and are not places where one can hatch conspiracies.

“For them to say that conspiracy meetings [were held there], that maybe the ingenuity of the IO but nothing turns on it,” she said.

John also submitted that neither any money nor any weapon was recovered from Saifi. She said that charges under the Arms Act were dropped against Saifi from FIR 44 of 2020, where he is out on bail, as there was nothing to connect him with any arms.

She further contended that on first remand day, Khalid was produced inside the Court on a wheelchair, injured and with a plaster.

“This story is a cover up by the police to ensure their wrongdoings are not highlighted…. This must shock the conscience of the Court. On the first remand, I am produced in plaster on a wheelchair…. This is the credibility of the prosecuting agency who has kept me in jail for five years,” John said.

She concluded: “What I say and what they are saying, these are triable issues. But you cannot selectively read [WhatsApp chats]. The photos annexed with the petition are not part of my chargesheet but there is conversation about brutality in the DPSG chat which they have relied upon. It is my humble submission that this being the case against me, there is absolutely nothing which will show that any terrorist act is committed by me or there was any conspiracy to do a terrorist act.”

The matter will now be heard on April 16.

The bench is hearing the bail pleas filed by Umar Khalid, Sharjeel Imam, Mohd. Saleem Khan, Shifa ur Rehman, Shadab Ahmed, Athar Khan, Khalid Saifi and Gulfisha Fatima. 

FIR 59 of 2020 was registered by Delhi Police's Special Cell under various offences under the Indian Penal Code, 1860 and the Unlawful Activities (Prevention) Act, 1967.

The accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan and Natasha Narwal.

Case Title: Umar Khalid v. State and other connected matters