A security personnel patrols damaged residential premises and shops following the clashes in New Delhi.(File photo)
A security personnel patrols damaged residential premises and shops following the clashes in New Delhi.(File photo)

Delhi riots case: Court finds evidence against him sketchy, grants bail to UAH member Khalid Saifi

The court said booking Saifi on the basis of insignificant material (witness statement) was total non-application of mind by the police which went to the extent of vindictiveness
By Richa Banka | Hindustan Times, New Delhi
UPDATED ON NOV 05, 2020 10:46 AM IST

A Delhi court on Wednesday granted bail to United Against Hate (UAH) member Khalid Saifi in connection with one of the cases of the north east Delhi riots. The court said booking Saifi on the basis of “insignificant material (witness statement) was total non-application of mind by the police which went to the extent of vindictiveness”. The judge also said that Saifi could not be permitted to remain behind bars on the basis of such sketchy material against him.

Additional sessions judge Vinod Yadav questioned the claim of the witness, one Rahul Kasana, that he was standing outside a building in the Shaheen Bagh area, where he had dropped principal accused Tahir Hussain, and he saw Saifi and Umar Khalid enter the same building.

“I fail to understand from the aforesaid statement how a lofty claim of conspiracy can be inferred. In my humble opinion, charge sheeting Saifi in this case on the basis of such an insignificant material is total non-application of mind by the police which goes to the extent of vindictiveness,” the judge said.

The court said that the argument of the Special Public Prosecutor contending that Saifi was in regular contact with Tahir Hussain and Umar Khalid over mobile phone, which is evident from their CDR location on January 8 when the trio allegedly met at Shaheen Bagh, “is hardly of any consequences, as prima facie that does not in any way go on to establish the criminal conspiracy alleged against the applicant in the matter”.

The court said that Saifi was not visible in any CCTV footage or the viral videos pertaining to the scene of crime on the date of the incident. It said that there was no identification of the accused either through independent public witness or any police witness of he being present at the scene of crime on the date of incident.

Communal riots had broken out in Delhi in February this year, claiming 53 lives and leaving over 400 injured.

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