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Discharge of Khalid, Saifi in riots case does not mean there is lack of evidence against them: Delhi police to High Court
Opposing the regular bail of Khalid Saifi in the main conspiracy case of the riots, special public Amit Prasad told the court that the discharge in another case (riots and criminal conspiracy at Khajuri Khas) is because the duo is being probed in the present case, which is the “umbrella conspiracy” or the main conspiracy
HT Correspondent
letters@hindustantimes.com
The city police on Thursday told the Delhi high court that the discharge of former JNU student Umar Khalid and United Against Hate (UAH) member Khalid Saifi does not mean that there is lack of evidence against them in the main case of the north-east Delhi riots where they have been booked for conspiring to orchestrate the communal violence.
Opposing the regular bail of Khalid Saifi in the main conspiracy case of the riots, special public Amit Prasad told the court that the discharge in another case (riots and criminal conspiracy at Khajuri Khas) is because the duo is being probed in the present case, which is the “umbrella conspiracy” or the main conspiracy.
“Before we go ahead, the first issue is the celebrated order regarding discharge in FIR 101/2020, that was quite a bone of contention to say this is the kind of prosecution they have been made to face. As far as Khalid Saifi and Umar Khalid are concerned, the reason for their discharge is n is not lack of evidence but because they are being prosecuted in this case…Discharge in FIR 101/2020 does not take us the conclusion that there is no evidence,” SPP Prasad told a bench of justices Siddharth Mridul and Rajnish Bhatnagar.
Earlier on Wednesday, senior advocate Rebecca John, for Saifi had argued that her client was discharged in the other case of conspiracy and hence should be granted bail in the main conspiracy case as well.
Khalid Saifi and Umar Khalid were last week discharged by a trial court in a rioting case, observing that the allegations of conspiracy against them relate to an “umbrella conspiracy” rather than pertaining to the incident being probed in that case.
On Thursday, as SPP Prasad read the relevant portion from the order discharging Khalid and Saifi, Justice Mridul asked Prasad: “You mean the umbrella conspiracy encompasses the case in which they have been discharged?”
The SPP replied in affirmative, while also opposing an argument that there was no connection between Khalid Saifi and other co-accused.
“The connection between Khalid Saifi and Umar Khalid are that both are members of UAH, both are members of DPSG, both attended all meetings, both are omnipresent,” Prasad said, while also adding that Khalid Saifi, Umar Khalid and Sharjeel Imam were part of a meeting which happened in Jangpura after which CAB team was formed.
On Wednesday, Saifi had told the court that the whole conspiracy case of the city police is the opinion of two-three officers sitting in the Special Cell office and not based on evidence.
Khalid, through his counsel had argued that all the allegations against him are false and incorrect and police had ut forth frightening and alarming phrases.
Khalid Saifi and several other prominent activists, including Sharjeel Imam and Umar Khalid, have been booked under the anti-terror law Unlawful Activities (Prevention) Act (UAPA) and provisions of the Indian Penal Code for allegedly being the “masterminds” of the February 2020 riots in the North-East Delhi which left 53 people dead and over 700 injured.
The violence had erupted during the protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC).
