Thread by @LawBeatInd

🚨7.02.2022 - Delhi Court will hear rebuttal arguments in #DelhiRiots case wrt #SharjeelImam’s bail hearing. His advocate had sought a separate listing of his case considering the Court had already found sufficient grounds to proceed against him under #UAPA & Sedition.

Amitabh Rawat (Additional Sessions Judge) will begin hearing. Court has found that Sharjeel Imam's speeches intended to create 'public disorder', 'incitement to violence', appeared to challenge the territorial integrity & sovereignty of India👇🏼#delhiriots
lawbeat.in/top-stories/su…

Bench is in session #delhiriots

I’ll file a written reply in Gulfisha, Irfan and Shifa’s cases, the prosecution says.

Let them argue: Bench
#delhiriots

I am appearing for Meeran Haider, I understand the case was called out today. I have filed the rejoinder submissions at 9.30 am today: Advocate for Haider #DelhiRiots

The colleague of main counsel for Imam has sought a passover. Will appear in 10 minutes. #DelhiRiots

Before Imam’s bail plea begins, Shifa Ur Rehman’s bail hearing will be heard for 45 minutes. Rehman’s lawyer is telling Court that there has been a “systemic denial of Rehman’s fundamental rights”.
#DelhiRiots

“There has been ‘Systematic violations of my fundamental rights’. I am entitled to bail on principles of parity. Other similarly situated persons have not been arrayed as accused persons” : Singh for Rehman #DelhiRiots

“I have been in custody for over 2 years and charges have not been framed against me. Trial will take a very long time. Violation of fundamental rights begins from the time of arrest”: Singh for Shifa Ur Rehman #DelhiRiots

“Place of arrest in arrest memo is shown as Lodi Colony New Delhi. Whereas in chargesheet, applicant was called to mewana police station to Meerut & arrest. I was willing to arrest & cooperate, yet I was arrested”: Shifa Ur Rehman’s lawyer #DelhiRiots

“Accusations are for UAPA, please note this is on the basis of me being part of a Whatsapp group. I have always been advocating non-violence. Not a single message they have shown where I was involved”: Shifa Ur Rehman’s lawyer #DelhiRiots

“Fatima Jumail created these whatsapp groups and she has not even been arrayed as accused! On what basis are they accusing me of conspiracy?” : Shifa Ur Rehman’s lawyer Abhishek Singh #DelhiRiots

Shifa Ur Rehman’s lawyer says that the Authority completed the Sanction against me & after this 400 witnesses have been examined. If it is a safeguard under Article 21, there is infraction (on legal principles): Singh for Rehman #DelhiRiots

The sanction against accused says “Data collected from various sources such as Whatsapp Chats and mobile of accused is more than 24 lac pages.”
About me, the sanction says that Shifa Ur Rehman organised funds from suspicious sources & NRI accounts: Singh for Rehman #DelhiRiots

Singh is showing Courts receipts of Funds by Shifa Ur Rehman. He says the excise department took its own time to look into this. He adds that the according to legality, onus is on the Prosecution to show on whom the onus will lie.
#DelhiRiots

The Defence counsel is showing court that legalities were not met with after causing arrest of Shifa Ur Rehman. Further, no case exists under UAPA and other provisions, he says #DelhiRiots

Singh on judgments to substantiate his case on “principles of parity” for bail for his client, on legalities to suggest that the sanction process did not stand test of law. #DelhiRiots

Bench on a break. #DelhiRiots

Bench back in session #DelhiRiots

Abhishek Singh, counsel for Shifa Ur Rehman: A statement before magistrate states “radical” members such as Asif Iqbal Tanha, Safoora Zargar, Aisha, Farzana, Mohd Adeeb Hasan, Meeran Haider & Badre Alam were part of JCC group. “Sorry feel karti hu for facebook post” #DelhiRiots

Singh is urging the court to take note of fact that Allegations against Shifa Ur Rehman are not in consonance with evidence projected & that the prosecutor has failed to show much before court & thus he should be given bail after being in jail for 2+ years #DelhiRiots

Prosecutor disagrees with Bail rebuttal arguments for Shifa Ur Rehman. He says that there is no discrepancy in arrest. “This is a case of #UAPA. He was arrested by ACP Dharam Devi Negi. So his argument is invalid viz wrongful arrest”
#DelhiRiots

Prosecutor: His (Shifa Ur Rehman) argument of being selectively targeted is to do with “Negative Equality” which is invalid in criminal laws.
#DelhiRiots

He (Shifa Ur Rehman) is not eligible for bail at this point in time. Investigating agency has filed the complete documents & he is saying certain docs exonerate him. The requirement is not that further materials cannot be relied upon: Prosecutor #DelhiRiots

Funding aspect - he says details of funding (by NRI’s & other ‘suspicious’ funds) came in later. The fact of the matter is, we have established the nexus of how these funds have been utilised!: Prosecutor #DelhiRiots

It is not the case of the prosecution that investigation is complete. There is adequate material in record to suggest conspiracy. To say at this stage, Shifa Ur Rehman is not involved is premature: Prosecutor #DelhiRiots

I was under the assumption that I will be arguing tomorrow. I would like to highlight Shifa Ur Rehman’s specific collusion as well: Prosecutor #DelhiRiots

Husain Baig, Aqeer, Alpha, Victor (protected witness), Beta and other witnesses have described Shifa Ur Rehman’s role in statements before magistrate. Between Shifa Ur Rehman & Advocate Areeb there is a chat which shows conspiracy. “Inki aapas mei meetings hui hain”: Prosecutor

Prima Facie, sufficient material to show the involvement of Shifa Ur Rehman in conspiring wrt #delhiriots. Have I already described how these protests were not “organic”? Isn’t it? There is a specific role of Shifa Ur Rehman: Prosecutor

I was not there on the last date. His arguments are vague: Singh for Shifa Ur Rehman

Were you not there on the last date?: Judge

I will go over a recap again in 2 hours: Prosecutor #DelhiRiots

🚨Adv Ahmed Mir for #SharjeelImam now: “Primarily, there are two things I wanted to bring to attention. As far as FIR 22/2020 is concerned, your Honour has taken cognisance under 124A (Sedition), others under IPC. Your Honour has found prima facie proof against me” #DelhiRiots

The problem is Sharjeel Imam has 3 cognisances against him taken for the same speeches, 2 by the same court. Why is My Lord not aware of his previous orders?: Mir for #SharjeelImam
Are you arguing on bail?: Judge
On reservations over this issue: Mir #DelhiRiots

How My Lord will conduct review of my lords own order. In FIR 59, in terms of supplementary chargesheet, Prasad says pls frame a substantive charge against #sharjeelimam. How many charges will be suffer on the same speeches in the same court?: Mir for Imam #DelhiRiots

Will he suffer*

Let Prasad come, make his case, that he has to do, your anxiety will be met with: Judge

After 25 years, I don’t have anxieties in court: Mir for #SharjeelImam

No no, please don’t take it like this: Judge
#DelhiRiots

Absolutely against Justice that bail hearings like this taking place. Absolute denial of justice in bail. What is the point in taking into account a supreme court judgement which says no bail pending over 7 days? This pains me as a counsel: Mir for #SharjeelImam

Advocate for #SharjeelImam is making contradictory statements! First he says the bail is long pending then he says he doesn’t want to argue on bail but takes a different objection on cognisances: Prosecutor #DelhiRiots

Unfair to put blame all on court. I will argue on length and breath of conspiracy against #SharjeelImam. Now he wants to wait but blames the court. Today to say that court is delaying is wrong: Prosecutor #DelhiRiots

I want to rebut this!: Mir for Imam

Lets not waste time now: Prosecutor

Lets see how many adjournments we have taken and you have taken. I have also read my brief. Tanveer Ahmed Mir does not come to court without reading his brief! : Mir for #SharjeelImam #DelhiRiots

Lets fix for day after tomorrow. Prosecutor will argue on alleged involvement of #sharjeelimam first, followed by rebuttal of His advocate #DelhiRiots