Delhi riots larger conspiracy case: "Is organising protest site enough to attract UAPA?" HC asks Delhi Police

New Delhi [India], January 8 (ANI): In connection with Delhi riots 2020, the Delhi High Court on Wednesday questioned the Delhi Police whether organising a protest site "good enough to attract UAPA."
The division bench of the Delhi High Court is hearing bail pleas of Umar Khalid, Sharjeel Imam and others. They are charge-sheeted under Unlawful Activities Prevention Act (UAPA) in a case of the alleged larger conspiracy of the Delhi riots of 2020.
The division bench comprising justices Navin Chawla and Shalinder Kaur asked Special Public Prosecutor (SPP) Amit Prasad for Delhi police, "Is organising a protest site good enough to attract UAPA?"
"Is it your case that only setting up a protest site is enough for UAPA or did those protest sites result in violence? But the most important thing is intent under UAPA, which has to be established," the division bench asked SPP Amit Prasad.
The matter is listed for hearing arguments on Thursday.
SPP argued that there was a deep-rooted conspiracy to instigate violence by the accused persons.
The bench questioned, "The conspiracy is that there are WhatsApp groups. In the WhatsApp groups, there are instigations that, let's do this, a planning which is of a chakka jam. There is also a hint of violence there, and violence actually happens. Till then, if they are involved, you may say UAPA is attracted. But when you draw attention to something like a JACT (WhatsApp group), and your own argument is that they were organising protest sites, is that good enough?"
SPP Prasad submitted, "That is the reason not everybody involved is made an excuse in this case."
The court said, "Why we've been asking you all this is that, when it comes to the specific material...that this man, this is what you have against him; this is why you are saying that he (the accused) was actually instigating violence, rather than having a protest."
SPP Amit Prasad submitted that there was a conspiracy. As a part of it, a chakka jam was organised at Jafrabad metro station. There are WhatsApp group chats, conspiratorial meetings and indications of violence and voices against it.
According to him, such a meeting was held at Chandbagh on February 17, 2020.
One Owais Sultan Khan said in one of the WhatsApp groups that there was no roadblock by locals; they were not in support of it as it would cause problems for them. Some outsiders wanted it.
He said that the locals don't want any violence in our area. I will not let violence happen. Owais Sultan Khan said that "violence nahi karne denge tumhe aur tumhare dosto ko (We won't let you and your violence do violence)".
No other person opposed the violence in the group, SPP added.
SPP submitted that there was violence on February 24. And there was a meeting in the intervening night of February 23 and 24 at 12:10 AM. There was no violence till 1 PM on February 24.
He submitted that there was planned mobilisation between 12 and 1 PM. He also showed the CCTV footage of Gali no. 3 wherein accused Mohd. Saleem Khan is seen.
Citing the footage, he said the mob was carrying dandas and swords. 25 CCTV cameras disconnected at Gali no. 25 Chand Bagh.
He further said that there was an attack on the police on February 24 at Chandbagh. In the CCTV footage, Burqa clan women are seen in the front of the mob attacking police officers.
SPP Prasad said that it was discussed in the WhatsApp groups to keep women in front, and the same is transpired from the CCTV footage.
The court asked the police ot show what they have against the accused to attract UAPA.
The special public prosecutor submitted that there was a premeditated conspiracy to instigate violence and there were chats asking to use lathi, chilli powder, petrol bombs, etc.
He also referred to bail orders passed by the court wherein it was held that there was a conspiracy; invocation of UAPA was justified. He also submitted a table describing the role of the accused.
In relation to the role of the accused, he submitted that there are top conspirators, there was funding to fund the protest sites and violence.
He referred to the alleged conversion of white money to black money by Tahir Hussain to fund the protest.
It was submitted that the Citizenship Amendment Bill was introduced in June 2019.
He said that in December 2019, the Muslim Student of JNU (MSJ) group was formed and there are chats between Arshad Warsi and Sharjeel Imam.
In December, riots happened in Jamia. On December 15, violence took place; injury and damage to property happened, and SPP was submitted.
The Shaheen Bagh protest site formed; "it was popularised as the Dadi Nani protest site; however, it was not organic. Protest sites were created under a conspiracy; they were not organised."
SPP referred to the charge sheet, and mentioned that the "Shaheen Bagh protest site was masterminded by Sharjeel Imam and others." He referred to a chat wherein Sharjeel was replying to a question that Mustafa's statement has been quoted in a news article; "why not yours?"
"Tension na lo, hum dono mastermind hain, Sharjeel said," as submitted by the SPP.
He also mentioned that locals were not in support of the Shaheen Bagh protest site. He quoted Sharjeel Imam, who said to locals, "Main 200 ladke lekar baitha hun. RWA wale ladna chahte hain to lad len. 200 ladke JNU se bulva lunga ( I am sitting with 200 boys, if RWA people want to fight, let them. We will bring 200 men from JNU as well)."
"RWA was not in support; it was not an organic protest, SPP submitted. Women were asked to come from outside, Jahangirpuri. All this has come on record," he submitted. (ANI)