Umar Khalid Had 'Concerted Plan' To Remain Outside Delhi During Delhi Riots So That He Doesn't Get Trapped: Police To High Court

The Delhi Police on Thursday told the Delhi High Court that Umar Khalid had a “concerted plan” to remain outside the national capital during the 2020 North-East Delhi riots so that he does not get trapped.

The submission was made by SPP Amit Prasad before a bench of Justice Navin Chawla and Justice Shalinder Kaur while opposing the bail pleas filed by Umar Khalid, Sharjeel Imam and other accused persons in the Delhi riots larger conspiracy case involving UAPA.

“We have evidence to show that he (Umar Khalid) has shown himself to be in Bihar where he has gone for giving a speech. There was a concerted plan to remain outside Delhi so that he doesn't get trapped. When the violence happens, there is an immediate reaction to that,” Prasad said.

During the hearing, Prasad referred to statements of various witnesses, including protected witnesses, to show the alleged conspiracy to commit riots.

Prasad said that as per a witness statement, Umar Khalid needed people from Jahangirpuri to Jantar Mantar who were then “transported” to Shaheen Bagh. They were then taken to Jafrabad metro station and women were used for stone pelting, he said.

He also submitted that since the order passed by a coordinate bench granting bail to accused persons Asif Iqbal Tanha, Devanagana Kalita and Natasha Narwal is ordered to be not treated as a precedent, parity on the basis of the same will not apply to other accused persons.

Furthermore, Prasad said that Asif Iqbal Tanha and Meeran Haider- who is among the appellants before the Court, were involved in the first as well as second phase of the riots, with larger role in the second phase. He also said that there was same pattern in both the phases- to damage public and private properties and to attack the policemen.

In order to show that each action was concerted and well planned and to highlight the size of arson and violence during the riots, Prasad referred to fire calls received by Delhi Fire Services and reports by DMRC as well as other authorities.

“It is important for the Court to appreciate the size of violence. When looking at a terrorist act, we have to fall within its meaning. Whether the city was held in arson then. I am showing this is so as to ascertain what is the damage,” he said.

Prasad then said that each protest site was monitored and handled by students of Jamia. He said that WhatsApp groups- JACT and JCC were created under the instructions of Umar Khalid.

Prasad also referred to various pamphlets and posts circulated by Students of Jamia (SOJ). He said: “CAA NRC is assumed to be concerned with Muslims. Triple Talaq maybe Muslims, Babri Masjid maybe Muslims but how can you say that Kashmir is a Muslim issue? That's integration of India.”

He further submitted, “When we see speeches given by Meeran Haider, Sharjeel Imam, Khalid Saifi, Umar Khalid, the speeches show that a common pattern is followed. All of their speeches are on identical lines. They are trying to bring fear to those who are listening. CAA, NRC, Babri, Triple Talaq and Kashmir. The only difference is that Umar Khalid gives a specific date when “road pe aana hoga.”

The bench at this juncture orally remarked that it was not a trial and asked Prasad how much time will he take to conclude his submissions. “It cannot happen like this. We just wanted to have a bird view of what evidence you have against them…. Give us a bird view of what you have against them,” the Bench said.

The matter will now be heard on January 21.

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.

Umar Khalid was denied bail in October 2022 by the Delhi High Court. He then approached the Supreme Court but later withdrew his SLP. A second regular bail plea was filed by him in the trial court which was rejected earlier this year.

Khalid's appeal challenging the rejection of his second regular bail plea is pending before the Delhi High Court.

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.

Title: Umar Khalid v. State and other connected matters