The Court of ASJ Amitabh Rawat in Delhi will today continue hearing Umar Khalid’s bail plea in connection with the Delhi Riots larger conspiracy case.
SPP Amit Prasad shows roads blocked during the riots, says that with these roads blocked, the entire North-East Delhi gets blocked.
Court: Where is the mazaar?
SPP points out.
#DelhiRiots
SPP: You have a grievance with a particular legislation you are well within your rights to raise it, but you have no right to threaten, beat up policemen, cause destruction.
SPP refers to charges, says there is the same pattern observed across places.
#DelhiRiots
Adv Tanveer Ahmed Mir interjects: I just need 30 seconds to point out something. In view of the fact that in FIR 59 in terms of the chargesheet filed against my client (Sharjeel Imam)...
#DelhiRiots
Mir: ...the prosecution wants to convict him for offences under S.124A, 147, 149, 212, 295A, etc if the Court has taken the view that S. 437 CrPC is the correct provision, now taking another view will it not be reviewing the Court's own order?
#DelhiRiots
Mir: I am requesting that since your Honour has already come to the conclusion that my speeches are seditious, in the other FIR, your Honour will not be taking a different view, so my bail application is a dead duck.
#DelhiRiots #SharjeelImam
Mir: Already in FIR 22 I have an order rejecting my bail, Courts take their own time, but the charges are substantially similar. I'm not here to put a blockage on other applicants, just asking for an order so far as my plea in FIR 59 is concerned.
#DelhiRiots #SharjeelImam
Court: Yours is the only applicant who has not completed the arguments, others have all completed.
#DelhiRiots #SharjeelImam
Mir: Meri itni iltaja hai that aapne #SharjeelImam ke case mein ek view toh le liya, woh aap review toh nahi kar sakte.
#DelhiRiots #SharjeelImam
Mir: I don't need to make any arguments on merits. In how many cases will #SharjeelImam be tried under S.124A for the same speech? I cannot go in appeal till I have the impugned order.
Court: Let the prosecution complete its arguments today & tomorrow.
#DelhiRiots #SharjeelImam
Mir: Pardon me for the interjection but yesterday till 12 am 4 of us were contemplating if there is anything left for us here, qua #SharjeelImam.
#DelhiRiots
Court: Okay
SPP: May I continue?
#DelhiRiots
SPP refers to yet another FIR, points out that some SHOs were injured as well.
#DelhiRiots
SPP reads out from another FIR where it is stated that the crowd was shouting: Aaj police walon ko jaan se maar kar chhodenge.
At point 5 and point 6, people were identified and apprehended on the spot.
#DelhiRiots
SPP refers to an FIR from New Friends Colony, says there were common elements - Haider, Asia Tatiya (who is Asif Tanha).
Petrol bombs, deadly weapons, pathrav (stones thrown) on police, were used. Petrol bombs show prior planning, not something you can just buy off the shelf.
SPP shows yet another FIR where destruction of DTC buses, ambulances, police booths have been seen. He presses that there is an identical pattern and common elements - Miran Ahmad, Sharjeel Imam, Asif Tanha. Imam himself says, "Mera chashma toota", admits was there.
#DelhiRiots
SPP refers to some MLC reports of #PinjraTod activists and others as well and argues that these common elements also were all in or near Dariyaganj when the #DelhiRiots violence took place.
He presses that the acts were synchronized, planned and intended at causing violence.
SPP refers to a picture to establish connectivity: #UmarKhalid and #SharjeelImam sitting together, Imam himself admitted he was there.
SPP also refers to some chats and other documents to show connectivity and presence of common elements across instances of violence.
SPP cites 5 reasons why the first phase of #DelhiRiots wasn't successful - inter alia because the police were effective and mobilization of rioting forces did not happen.
SPP further refers to Facebook posts by the Jamia Coordination Committee, says a common "secular" tag there & they have by design put women and children in the front. There was a 5 member Committee formed on the Whatsap Group "JCC_JMI" consisting of #Safoora and #SharjeelImam.
Referring to a Facebook post by #SharjeelImam, he says that it is not that they were retreating or withdrawing, but that they are going to enter the 2nd phase.
Court: In the message below, they are merely asking for the members to assemble at Jamia, what is the problem, what do you deduce out of that?
SPP: They were coordinating the protest sites with quick communication. There is incitement to violence and silence.
Court: Mr. Prasad, but whether someone says something or not - the prosecution says, "Look they did this."
If they say it, then you say they said it, if not, then you say "Look, they are so clever they remained silent."
SPP: My contention will be proved by their conduct. From 18th to 21st there are hundreds of messages from Owais Sultan but the moment it comes to incitement to violence there is sudden and absolute silence. There is a conspiracy of silence.
SPP: They were managing these "protest" sites.
SPP shows some more chats.
Another message says “Zyada may Likho” to Advocate Areeb by Shifa Ur Rehman so as out of experience to not share too much information on Whatsapp: Prosector #delhiriots
This message that is being shown to court by one of the alleged co conspirators is saying that the people will not abide by the Court judgment.
They are discussing the need to keep women at the front so police does not take action: Prosecutor #delhiriot
Prosecutor shows photo from Jaffrabad ‘protest’ site. The factum of meeting between Meeran Haider, Khalid, others shows meeting of minds.
Bench breaks for 15 minutes
SPP shows pictures of meeting between #SharjeelImam, Harsh Mander and others, says in the public domain they talk of Constitution and constitutionality, in private meeting there is the RSS book - why? Because they want to pin the blame somewhere.
SPP: Imam has also talked about "rajnaitik gunde" in one of his posts, as I've already pointed out earlier.
SPP also brings out the reference to "Hong Kong strategy" being called for: What is this strategy? Where people suddenly gather in a flash mob and police aren't able to do anything. If they are talking of peaceful protest then where does this strategy come from?
SPP says, they also say that "chakka jam" aur "dharne" mein fark samajhiye and ask for dharnas to be held at different places to spread the message of chakka jam, calling them out on highways.
Chandan and Asif were removed from the JMI Coordination Committee by Safoora so that traces are removed.
SPP: On 24th Jan itself Chandan and Asif are served notices, they are removed from the JMI Coord Committee group, and 3 new groups are formed - this is not some magical moment that all this happens together. They react out of fear after getting police notices.
SPP asks Court to mark the 5 points for 2nd phase of Delhi Riots and shows them on the map, says they are similar to the 1st phase riots. Sunder Nagri backs out due to police action in the 1st phase.
SPP: If it was so peaceful, they would not try to hide it, they were not organic or women centric. They were planned organized under the aegis of JCC.
SPP: Lack of synergy of stakeholders at different sites was one of the reasons for failure of 1st phase. Now, in the 2nd phase they are asking for synergy.
SPP presses that as on Feb 17, there is already talk of violence. He says, "Subsequently, they have said that @KapilMishra_IND came and incited violence etc but even as of Feb 17 they are already anticipating violence."
SPP: These messages say Dilli ka chakka jam karwate hai "secretly" and that 23 sites are managed by JCC-JMI. If there is nothing prohibited or illegal, where is the question of "secretly"? Now comes the question of what Court asked me - will I interpret them to my convenience?
SPP: Look at the level of maturity here - Safoora says "Chup ho ja bhai, sab yahin likh doge toh execute kya karoge?"
Court: Is this in response to the message above it?
SPP: The entire JCC chat I'll ask to file images and get it mailed to all counsels. It will be more relatable.
The message by Safoora in question.
SPP points out the speed with which all updates on chakka jams at various sites get posted on JCC group, showing that the main coordination of the Delhi Riots was from JCC_JMI group.
The msg says Dalit women wanting reservation have also been got into the protest.
SPP: They call the road on which one of the protests is held as the "highway" because it is the main road connecting Delhi and UP. In one of the messages they say, "need more mob", not that they need peaceful protestors but mob.
SPP: They talk of outer ring road of Delhi being completely blocked, because the idea is to choke and paralyze the system.
SPP: This is crucial. Mewati is saying Sharjeel Imam had said that #ChakkaJam is the only way out. He also said, "Ye toh trailer hai Dilli walo" - meaning ye picture nahi hai, because picture is the riots that follow.
SPP: It is clear that they are trying to (falsely) create the narrative of violence blaming @KapilMishra_IND - because firstly, from Feb 17 itself they were anticipating violence, and secondly, their own person says, "Bhai kuch nai hua, Kapil Mishra gaya, police le gayi usse".
Court: How do you distinguish between Dharna, Chakka Jam, Bandh and disruptive chakka jam because not everyone uses them in the same way.
SPP: Will respond Sir, any other queries?
Court: Many other queries.
SPP agrees to respond in the next hearing.
Matter is adjourned.
Reported by @shreyagarwal_12
Prosecutor said that group chat shows 5 members including Safoora & Sharjeel already knew about upcoming violence even before @KapilMishra_IND’s alleged instigation on February 17. “Bhai kuch nai hua, Kapil Mishra gaya, police le gayi usse,” chats read
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