Thread by @lawbarandbench

A Delhi Court (Karkardooma Court) is likely to resume hearing arguments on the bail plea of #UmarKhalid, accused in an Unlawful Activities (Prevention) Act case connected to #DelhiRiots.

Senior Advocate Trideep Pais has concluded his arguments on the plea whereas Special Public Prosecutor Amit Prasad is set to begin his submissions on behalf of the state. Read what happening previously:
barandbench.com/news/litigatio…

SPP Prasad requests the matter to be taken up at 12.30 pm.
Court checks with defense counsel.
Pais: I am just here for this hearing. I just want the hearing to start.

SPP: I would like to highlight what my friend has argued. He has argued substantially on 17 points and the first argument was that he wants his application to be decided by reference to a web series.

SPP: He wants the matter to be decided on the basis of what happened in #FamilyMan and #TheTrialofChicago7. It is very unfortunate. People have died. You want media hype and to make headlines. #DelhiRiots #UmarKhalid

SPP: You create a perception with all this. If we do a Google search of particular dates of hearing we see when law was argued it didn't get covered but when #FamilyMan was argued everything was covered.. It is not related. You do not want to refer to #Grahan which is on 84 riots

SPP: You don't want to refer on law. You want to refer to Family Man because it is popular.

SPP: It is argued that there is a 161 and 164 and there is a difference between those then one has to assume that it is a tape recorded... But when someone makes deviations then it is natural. Doesn't mean witness is not credible.

SPP: It was argued that IO is communal. It is very unfortunate. Investigating agency is not of a particular person but a State. We have to reach out to the same investigating agency if we have a problem. The first conviction in the #DelhiRiots case was of a Hindu.

SPP: Admitted position that his names appears.. His (Khalid) involvement is from the beginning till the end of riots. Court should take note of relevant dates.

SPP now reading out relevant dates when different event took place.

SPP now reading out dates when the rioting took place in northeast Delhi in February, 2020. #DelhiRiots #UmarKhalid.

SPP reads out dates of meeting of Umar Khalid, Meeran Haider, others regarding setting up of protest sites. #CAA #NRC.

SPP refers to #DonaldTrump's visit to India which "came to the knowledge of the conspirators". 'Chats reveal how various persons were sent people to various protest sites'. #DelhiRiots

SPP: What is most important for this court to consider is whether the bail has to be decided on speculative arguments or holistic view.

SPP: Defense wants to give selective interpretation of statements. This is a case of conspiracy. There are various ways to look at it. But to my mind it is a secret agreement of a number of people.

SPP: Clearly a criminal conspiracy carried out in secrecy. There is a continuation after the crime and clear attempt to cover up after the crime started to come to light. #DelhiRiots

I will demonstrate how cover up is happening: SPP

SPP: When this FIR was registered on March 6 and the fact came to light, there are messages on record saying we will move from WhatsApp to Signal.

SPP: When you form a group it is for a particular purpose and when you disband, it is for a particular purpose. We need to understand why it is done. Things individually are not illegal but the end result. This is a case of conspiracy where meeting of minds has to be demonstrated

SPP: If I am able to demonstrate prima facie to suggest this, the court cannot discard that. Court cannot go on speculative arguments.

SPP: My learned friends contends that each one has take part in the acts. That is not the law. Conspiracy has to be proved taking into account circumstantial evidence. NE riots were not spontaneous burst of violence. This has been appreciated by Delhi HC in a bail matter.

SPP: HC appreciate that this did not happen in the spur of the moment. There were 23 protest sites creates. They were not organic in nature but meticulously planned in close proximity to majids. There were teams to give logistical support, etc. We have demonstrated that.

SPP: Identical placards, etc., show it was all done in a coordinated manner. Protests were not women dominated but managed but men folks. Women were brought to protest sites in large numbers.

SPP: Similar patters of crime between December, 2019, and February, 2020 violence - blocking of roads, attacking police personnel. #DelhiRiots #UmarKhalid

SPP: First phase of riots which happened in Dec, 2019, 101 police officers were injured and 41 public persons. In Feb, 2020, 132 police officials injured and 476 public persons. There was destruction of public property. Disruption of essential services; CBSE had to cancel boards

SPP: There was damage and the claim settlement is around Rs 21.93 crore. 1661 claims have been settled... Slingshots used to attack policemen, public persons and govt officers.

SPP: Ultimate idea was to overawe govt. and undermine authority of govt which enacted CAA and destabilise democracy. Idea was to bring Govt to its knees and withdraw the #CAA.

SPP reads out UAPA.

SPP: All 3 aspects that are required are all covered. There is use of fire arms, petrol bombs, lethal and sharp-edged weapons, slingshots. Petrol pumps set ablaze and I have also demonstrated form the chargesheet that it was done to overawe the Govt. of India.

SPP: I would come to the role played by applicant in the conspiracy. But I will touch upon what my learned friend has argued. He argued that the WhatsApp group was not formed by him or no message to show that he was mentor of #SharjeelImam.

SPP: When something has to happen people are bound to run away. This is called conspiracy. Someone travels for a purpose or relocates then obviously one needs to think.

SPP: There were flurry of calls. But what is effect of calls, I will demonstrate. My friend (Pais) gave a huge background that Khalid is senior and mentor of Imam and agency has given "tadka". We should read the chargesheet and see where I am giving this "tadka". #UmarKhalid

SPP: In chat (DPSG) group 4 numbers removed by admin the moment it appears something is opening up. Two numbers of accused Athar and Shadab. 2 more numbers - one has sent only one message throughout. (I am so and so in my personal capacity). Somebody who has not sent any message.

SPP: .... what was the point of being in that group. He said I didn't say violence. But you don't have to say violence. You are expert in your field. I will demonstrate how.

Court: Who are the other two who were removed from the group?
SPP: I can share the names off the record. Not appropriate to share on Webex hearing. There are certain reservations that we have.

SPP: Doesn't matter how many messages you have sent. Your conduct speaks. I would request for an in-camera proceedings. I want to demonstrate why we can't reveal the names.
Court: You want in-camera for a bail hearing?
SPP: Only for some names. #UmarKhalid

SPP: Giving interpretation to the statements, cannot be done at this stage. There is a very limited role. Court has to see whether there is any discrepancy.

SPP: Need a couple of more hearings, at least an hour each, to complete my arguments.

Court fixes January 24 and 31 for prosecution to continue with its arguments. #DelhiRiots #UmarKhalid