Thread by @barandbench

[DELHI RIOTS] #DelhiCourt to shortly continue hearing bail plea by Umar Khalid, accused in an Unlawful Activities (Prevention) Act case.

#UAPA #DelhiRiots

Khalid's counsel sought a short passover since Senior Advocate Trideep Pais was appearing in another court.

Court to hear the bail application at 12.30 PM.

#UAPA #DelhiRiots #UmarKhalid

Senior Counsel Trideep Pais appears in court for Khalid.

#UAPA #DelhiRiots #UmarKhalid

Judge Amitabh Rawat arrives.

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Sr. Adv. Pais begins arguments: I had filed an application withdrawing my bail under section 439 and filed a fresh one under section 437 CrPC.

#UAPA #DelhiRiots #UmarKhalid

Court: You think 437 CrPC is the correct provision?

Sr. Adv. Pais: I don't want a controversy.

Court: I wanted your thoughts on 437 and 439.

#UAPA #DelhiRiots #UmarKhalid

Court talks about relevant judgments on 437 and 439 by Higher Courts.

#UAPA #DelhiRiots #UmarKhalid

Court: What is your take on the aspect that if bail is granted under 437, then who does the remand. Is the magistrate?

As a magisterial court under 437, you can't punish someone for more than 7 years.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: It is not the first, we have a special court. PC Act, POCSO. Those are special courts. They have gone on to say....

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: Once Im before a sessions judge, it is not diluted.

TADA... You had an appeal to Supreme Court.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: Powers under 437 as against 439 (CrPC). I don't see any problem there also. Fetters placed under 439 will be the same under 437.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: NIA deals with procedure. UAPA deals with substantive law, so does IPC.

#UAPA #DelhiRiots #UmarKhalid

Court: If sessions is not created with a jurisdiction, it will still have powers?

#UAPA #DelhiRiots #UmarKhalid

Court: Are we not dealing with a position where special court is created but it is dealing under 439?

Sr. Adv. Pais: I agree with you...

#UAPA #DelhiRiots #UmarKhalid

Court fixes arguments at 2.15 PM.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: First supplementary chargesheet is filed against me. We have gone through the chargesheet and divided it into 17 allegations made against me. 17 different dates... Each buttressed by witnesses.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: I'll show Your Honour how UAPA is just not made out or allegations are improbable or implausible.

Your Honour would require the supplementary charge sheet. Main and supplementary chargesheet, I'll be referring to.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: Page 8 of supplementary chargesheet. Chronology of conspiracy. There is an assertion.

Pais reads the relevant portion where it's mentioned about a WhatsApp group.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: Out of the blue comes the allegation against me.

Reads further..

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: Let's test this at the highest. First all whatever our personal ... Creating a WhatsApp group of Muslim students is a terror. No witness to show the group was made at my insistence.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: Not a single message from Umar Khalid in the group. No communication between me and Sharjeel Imam. Not a shred of communication between me and him.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: On this group Khalid doesn't take part in any communication. CDRs don't show them- Imam and Khalid in contact.

There's nothing to show connection between the accused. I'm not separating myself under fear.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: This is a selective screenshot which they have put. Shows a page.

Pais reads relevant portion.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: If this is your best evidence, the man who created the group is speaking without any coercion. The allegation is that Imam and Khalid created a group of Muslim students.

#UAPA #DelhiRiots #UmarKhalid

Sr Adv Pais: Not a single WhatsApp message to show. ...I can add Your Honour also if I had the number. Not a single witness statement to support this assertion.

The opposition to a particular thing whether CAA or meat eating can have people from other hues.

#UAPA #DelhiRiots

Sr. Adv. Pais refers to a portion of alleged statement in the chargesheet.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: So here is a man (Imam) who says aapka jo political correctness... I profess.

Man is critical of Yogender Yadav and Umar Khalid. Script seems to be very nicely tied.. Like a film.. I jokingly said.. (Refers to Family Man).

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: Your wish to paint every accused with one brush, crumbles when you look at the chargesheet.

Where did you get it from? It's from your mind. Half is from the fertile imagination of the officers and script writers.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais reads in connection with 7/12/2029 when an "agitation was called at Jantar Mantar Delhi by United Against Hate".

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: Senior, mentor – this tadka has been put by them.

Speech not produced. No allegation it was hate speech. You don't have it obviously.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: Surely if I'm going to conspire with a person who I dislike so much, you'll have to show some...

Imam was introduced to Yogender Yadav by Umar Khalid – no witness says it.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: Officer writing this wants you to have.. He wants to frame. Omniscient officer roaming around can say anything.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais reads alleged WhatsApp chats of Imam.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais now reads relevant portion of chargesheet.

Where is the reference to Umar Khalid? Where does he say Khalid introduced me to Yogender Yadav? This is the only material. Where does it say "senior, mentor"?

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: what is the allegation? I explained concepts to him, etc.

This is the only material you have.. Shows protests done was by Imam alone.. Chats show that he wants to do it on his own.. They're not ideologically aligned.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: Let me dissect the chargesheet and show it is false.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: It can't be a secret meeting if is posted somewhere. Refers to a photo of Umar Khalid and others.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: Where does it say it's a crime? Meeting has been shown everywhere branded as a conspiracy. Please tell me the criminality in this page.

(Pais is referring to an alleged meeting for a Chakka Jam against CAB, CAA.)

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: It takes you till July to get her statement. (Refers to admin of the alleged group.)

She says we meet to discuss way forward on protests. Nothing else. Bunch of people opposed to CAA met. That's it.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais after reading witness statement: He is some kind of media coordinator for Swaraj Abhiyan. He talks about some disagreement and protest.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: They produce a photo. None of the witnesses speak about the conspiracy for an illegal act. Does the witnesses’ statements show conspiracy for an illegal act?

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: If it was such a secret.. mere presence in a meeting is not illegal. At best refers to a statement.. To have a Chakka Jam.. This "great" meeting boils down to these three witnesses.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais: Except being present there.. If I am mastermind then why are these witnesses not saying what suits you?

Meeting in Prashant Bhushan's office... Attending such meetings which are in public realm is not a crime.

#UAPA #DelhiRiots #UmarKhalid

Sr. Adv. Pais says further arguments will take time. SPP Amit Prasad says he has time constraints.

#UAPA #DelhiRiots #UmarKhalid

Hearing concludes. Further arguments to take place on November 2 & 8.

#UAPA #DelhiRiots #UmarKhalid