Delhi Riots: Court Issues Notice To DGP Prisons On Umar Khalid's Plea Against His Production In Handcuffs Despite Judicial Orders

A Delhi Court on Thursday issued notice to DGP, Prisons on a plea moved by Umar Khalid, accused in connection with Delhi riots larger conspiracy case, seeking a departmental enquiry into his illegal production in handcuffs earlier today despite judicial orders directing the jail authorities to produce him in a routine manner, without any fetters.

"It needs no reiteration that an under-trial remains in the custody of the court throughout the proceedings and any step of fetters/handcuff, which are extreme steps, can only be taken after a Court allows the same on a request or an application containing reasons. This court has passed no such orders for this accused or, for that matter, any accused in this case," Additional Sessions Judge Amitabh Rawat ordered.

The Judge added "Let notice be also issued to DG(Prisons) to apprise this court whether any such orders have been passed from their end."

"In view of the above stated circumstances and the seriousness of the issue, this Court deems it fit to bring the said lapses, if any, to the notice of the worthy Commissioner of Police, Delhi who may file a report after inquiry through any responsible senior officer whether the accused Umar Khalid was brought in the handcuff today and, if so, on what grounds/orders."

The Court took note of a recent order passed by CMM of Patiala House Court dated January 17, 2022 wherein the Court had directed jail authorities to produce Umar Khalid in routine manner without using handcuffs or fetters.

The Judge also referred to another order passed by a Sessions Judge of Karkardooma Court in April last year which had turned down the plea of jail authorities to produce Umar Khalid by handcuffing in both hands on grounds of being "high risk prisoners". The Judge had observed that he was neither previous convict nor a gangster and that the application was filed "without application of mind by the high echelon of Delhi Police and prison authority." 

The application moved by Umar Khalid stated that after he was produced in Court with handcuffs, his counsel took objection to the same, who was then informed that Khalid was being produced in handcuff based on an order dated April 7, 2021 CMM of Patiala House District Court.

Senior Advocate Trideep Pais appearing for Khalid submitted that Umar Khalid was produced today in the court by police officials in handcuffs despite there being no order from the Court and in fact, there were two contrary orders passed by two different courts.

He added that the same was a violation of the rights of the accused and inquiry must be conducted to find fault with the delinquent police officials.

"While perusing today's order-sheet, it is seen that that four accused persons namely Sharjeel Imam, Shifa-ur-Rehman, Tasleem Ahmed and Meeran Haider were not produced from the judicial custody today but the production warrants have not been issued for them. Let production warrants be issued for next date. Reader to also explain the said lapse," the Court ordered at the outset.

The FIR against Khalid 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.

In September 2020, main chargesheet 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 chargesheet was filed in November against former JNU student leader Umar Khalid and JNU student Sharjeel Imam in a case related to the alleged larger conspiracy in the communal violence in northeast Delhi in February.

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