Thread by @LawBeatInd

#DelhiCourt hearing bail plea of Shifa Ur Rehman, President of Jamia Milia Islamia Alumni Association in connection with Delhi Riots.

#DelhiRiots #UAPA

Hearing before ASJ Amitabh Rawat.

Advocates Abhishek Singh appears for Shifa Ur Rehman

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Singh submits that no other person from the Alumni association has been made an accused in the present case.

Singh questions the allegation of conspiracy where only Rehman was made an accused even though others were there in the whatsapp group.

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Singh reads allegations of prosecution against Rehman which states that he had collected funds to the tune of Rs 7-8 lacs from suspicious sources in the name of AAJMI for the purpose of providing logistics and support to protestors.

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Singh objects on prosecution using the words protestors and rioters at yhe same time.
Singh- They have themselves distinguished them. If that was the case, they would have taken everybody under custody.

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Singh raises questions on the sanction order granted by the state.

Singh- This case is not a case of invalidity of sanction, it is a case of nullity of sanction.
The precondition is not satisfied, so the sanction is a nullity.

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Singh-Being a member of JCC simpliciter is not an offence. JCC is a WhatsApp group.
My mobile data analysis has been done on 24.8.2020 and there is not a single message which shows instigation of violence.
AAJMI infact made appeal for peaceful protest.

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Singh- I am only the recipient of message. No message was sent by me.
The requirement of section 44 has to be complied with and there has to be review.

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Singh-There is a difference between protestors and rioters. Protest is a fundamental right. Here I am arguing why he is olaced in the bracked of rioters and not protestors. He paid some amount for protestors but does that amount to an offence under UAPA.

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Singh shares the mobile data analysis report.

Singh-If certain section of society is aggrieved by a piece of legislation and they protest against it, that is not a crime. They can certainly protest.

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Singh reads the data analysis report.

Singh- The group is a responsible group which asks its students to prioritise their exams. It says that the protests will be carries on but exams will not be postponed.

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Singh shares the complaint against Anurag Thakur and ora which has signatures of Shifa Ur Rehman.

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Referring to the letter Singh submits that Rehman was responsible not to write the words uttered by Thakur during the Riots.

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Singh- Why was no FIR registered against them despite my complaint.

Singh seeks Courts permission to continue tomorrow on the chargesheet.

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Singh says that the chargesheet is a voluminous one. According to the chargesheet on 24th Jan 2020, JCC was disbanded.

I will argue the case on the next date of hearing.

Matter to be heard on September 8.

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