Bail arguments of #UmarKhalid, accused in an Unlawful Activities (Prevention) Act case connected to #DelhiRiots to resume shortly. The prosecution will continue with its submissions.
Special Public Prosecutor Amit Prasad resumes arguments. He is now doing a recap of his previous arguments. #UmarKhalid #CAA #NRC #DelhiRiots
SPP: To demonstrate the first phase of riots I have prepared a Google map. #UmarKhalid #CAA #NRC #DelhiRiots
SPP shows Chandbagh. Six spots — what is relevant is that if this road is blocked (points on the map) and this road is blocked (on map) and this road is blocked (on map), entire northeast Delhi gets blocked. #UmarKhalid #CAA #NRC #DelhiRiots
SPP: The first incident is FIR 510 of 19 of December 16. Reads relevant portion.
'Pattern is attack on the police and destruction of public property.' #UmarKhalid #CAA #NRC #DelhiRiots
SPP is now reading statements related to December 17. #UmarKhalid #CAA #NRC #DelhiRiots
SPP: Again going back to the map. Third point... Blocking of roads....So you have a grievance at a particular legislation, you are well within your right to raise the grievance but you have no right to attack the police and destroy property. #UmarKhalid #CAA #NRC #DelhiRiots
Advocate Tanvir Ahmed Mir intervenes during the arguments and raises a point related to his client's #SharjeelImam bail order. #UmarKhalid #CAA #NRC #DelhiRiots
Sedition, UAPA charges were ordered to be framed against Imam recently and his bail was rejected. #UmarKhalid #CAA #NRC #DelhiRiots
The issue here is whether a bail application in these cases has to be filed under Section 439 or Section 437A of Code of Criminal Procedure. Court says it has passed orders and elaborated on this part held 437A is the correct provision, however, criminal court...
... will have powers to consider bail applications under both provisions. #SharjeelImam #CAA #NRC #DelhiRiots
Mir: What I am praying is for an order to clear the way for me. Because since I am sought to indicted on account of my speeches. Since, your honour has come to a view that my speeches are seditious, then this bail application (conspiracy case) is dead duck. #CAA #NRC #DelhiRiots
Mir: Meri iltaja hai ki aapne Sharjeel Imam ke case me ek view toh le liya (while refusing bail in #Sedition case). Now you are not going to review your own view. It is unnecessary for me to make any submission on merit. #CAA #NRC #DelhiRiots
Court: Let prosecutor complete his submissions, I understand your predicament. #CAA #NRC #DelhiRiots
SPP continues with his submissions in the conspiracy case against #UmarKhalid and others. #CAA #NRC #DelhiRiots
SPP reads statements of witnesses. #CAA #NRC #DelhiRiots
SPP: Prior planning petrol bomb is not something you go and buy from a shop. Someone needs to know how to make it. There is kartoos (fire weapon). So there is planning. Contemporaneous material shows planning and deadly attack on police. #CAA #NRC #DelhiRiots
SPP: They destroyed CATS ambulance also. These are ambulances which are needed at the time of injuries. They damaged that also. They destroyed police booth also. #CAA #NRC #DelhiRiots
SPP: Now comes MLCs (medico-legal cases) of Daryaganj riots. #CAA #NRC #DelhiRiots
SPP: I have shown from material on record that how the action was synchronised; pattern was common and people involved in both phases were common; how meetings that happened — #UmarKhalid is sitting with #SharjeelImam . #CAA #NRC #DelhiRiots
SPP: I have already shown this picture. Sharjeel Imam is sitting with Umar Khalid. Chats are there. Fact that he is part of MSJ (Muslim Students of Jamia), establishes the connection. Reasons of failure of first phase — desired mobilisation was not there. #CAA #NRC #DelhiRiots
SPP: What is the turning point. It is formation of JACT, to create awareness so that mobilisation comes in. Another reason is communal tag has been attached. So you take out Sharjeel Imam. Lack of synergy, leadership. Fifth reason is effective police action. These are the reasons
... why first phase riots were a failure. #CAA #NRC #DelhiRiots
SPP: (Social media) posts show secular tag; say women and children should be at the front, refers to screenshots. #CAA #NRC #DelhiRiots
SPP referring to social media post: On one side #Sharjeel claims he is exiting from here. Post on Facebook. #CAA #NRC #DelhiRiots
SPP: #AsifIqbalTanha was called by the police and therefore he is not active on the groups. #CAA #NRC #DelhiRiots
Judge Rawat:One common thread I have seen is — when somebody has done something and he has said something in the group then you say they have said something nasty but when they don't, you say they are so clever.... this way or that way...
SPP: I'll show 'conspiracy of silence'
SPP now reading WhatsApp chats. #CAA #NRC #DelhiRiots
SPP reads chats which mentions 'police and goonda elements' can disrupt protests post a Court ruling: Who is the goonda element here. When court judgment comes and you want to disrupt it, who is the goonda element? #CAA #NRC #DelhiRiots
SPP: Various individual posts show how they are involved. #CAA #NRC #DelhiRiots. Shifa-ur-Rehman from Jamia is at all these place. #CAA #NRC #DelhiRiots
SPP: Aurton ko saamne rakho is the whole agenda. First phase failed, I have shown what were the drawbacks at that time. In second phase, how they are coming up. In Sharjeel Imam itself we see he says aurton, bachchon ko aage rakho, police action nahi legi. #CAA #NRC #DelhiRiots
SPP: Very important photo — Meeran Haider is at Jaffrabad. Please take note of his man (highlights face of a person in the image shared). #CAA #NRC #DelhiRiots
SPP: When #MeeranHaider goes he puts up a picture. When #UmarKhalid goes, when you have nothing to hide...then why don't you put up a picture. If it is so called peaceful protest. #CAA #NRC #DelhiRiots
SPP: Meeran Haider puts up a picture. Same person is there in picture with Umar Khalid. If there was nothing he would have posted it. #CAA #NRC #DelhiRiots
Court: It is like saying this way also I am correct and that way also I am correct.
SPP: Umar Khalid faced case in 2016 he had to very secretive. #CAA #NRC #DelhiRiots
SPP resumes arguments after a short break. #CAA #NRC #DelhiRiots
SPP: Different people behave in different manner. It is reflected from (WhatsApp) chats. #CAA #NRC #DelhiRiots
SPP: When you are in open you go on Constitution. But you have private meeting you go with a RSS book in front. What is this RSS book doing here (points to a photo). You have to blame somewhere. #CAA #NRC #DelhiRiots
SPP reading the content of WhatsApp chats which indicates difference between chakka jam and peaceful protests. #CAA #NRC #DelhiRiots
SPP: Safoora removes Asif Iqbal Tanha and Chandan from the group (JMI). Notice was serves on Tanha and Chandan. They are removed from that group and that group is dormant and new groups are created. #CAA #NRC #DelhiRiots
SPP: Fact of removal establishes the fear that these people have. After police action. Immediately after notice is served they are removed. #CAA #NRC #DelhiRiots
SPP: You want to create a narrative that Kapil Mishra was there and he did blah blah blah. Where is Kapil Mishra? Where is Kapil Mishra on that day? There is your proposal to road blockage and violence #CAA #NRC #DelhiRiots
SPP reads a statement: There was a proposal to incite violence as on February 17, 2020. Kapil Mishra has not even surfaced then. #CAA #NRC #DelhiRiots
SPP continues reading statements: Idea is to affect whole of Delhi. #CAA #NRC #DelhiRiots
SPP reads chats of Safoora Zargar. #CAA #NRC #DelhiRiots
Judge Rawat referring to a chat: When Safoora says Shehzar chup ho jao. Shehzar is not an accused.
SPP: He is not. Accused is made on the basis of evidence. I request to submit image chat so that it is relatable. #CAA #NRC #DelhiRiots
SPP after reading statement: #BhimArmy had practically no role because this action started much prior. I'll show, #BhimArmy, what is the strength and status.
SPP reads a message from Feb 23, 2020: No we are at a time where we have blocked six places. And on what lines? Safoora Zargar says highway block kijiye. "Abhi toh ye trailer". Picture abhi baaki hai. Baaki kya hai — the riots that follow. That's you still say it is just atrailer
SPP: Violence toh karna hai humein. Aur uske liye ek naam chahiye. Reads statement of someone who is saying "kuch nahi hua. Kapil Mishra ko police le gayi". #CAA #NRC #DelhiRiots
SPP: When Constitution was to be taken to Supreme Court, then there was a call not to go, but when there is a clear incitement to violence, then there is absolute silence. This is what I call the 'conspiracy of silence'. #CAA #NRC #DelhiRiots
SPP reads a statement which says 'aage jaarahe hain pro #CAA ke taraf".
SPP: Can we stop today
Court: You are more or less finished?
SPP: No, the events of Feb 23, 24 (2020) are very relevant. #CAA #NRC #DelhiRiots
SPP requests for 2 more hours to conclude his arguments. #CAA #NRC #DelhiRiots
SPP: Bilal saab is smiling.
Adv Bilal: Not at all. Seems like prosecutor a trial being conducted
SPP: That's unfair. Mr Pais took 5 hearings
Adv Bilal: Just to quote a couplet — I am neither a poet nor protestor — na khuda hi mila na visal-e-sanam na idhar ke hue na udhar ke hue!
Court to prosecutor: I want to know how you distinguish among a dharna, protest, bandh, chakka jam and disruptive chakka jam. It is relevant also.

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