A Delhi court will hear rebuttal arguments of Umar Khalid and others in an Unlawful Activities (Prevention) Act case connected to Delhi Riots.
#umarkhalid #DelhiRiots
#umarkhalid #DelhiRiots
Previously, counsel of Sharjeel Imam argued that he could not be saddled with the conspiracy charge as the northeast Delhi violence took place after his arrest.
#sharjeelimam #DelhiRiots #umarkhalid
Read here; bityl.co/Awy0
#sharjeelimam #DelhiRiots #umarkhalid
Read here; bityl.co/Awy0
Additional Sessions Judge Amitabh Rawat presides. #DelhiRiots #umarkhalid
Senior Advocate Trideep Pais will be arguing for Umar Khalid after Special Public Prosecutor Amit Prasad concluded his submissions against the bail plea. #DelhiRiots #umarkhalid
Senior Advocate Rebecca John appears for accused Khalid Saifi. John will also be rebutting the arguments of the prosecution. #DelhiRiots
John: I received yesterday the written submission of the state. #DelhiRiots #umarkhalid #KhalidSaifi
John: Page 7 of the response. 9/12 and 10/12. 9/12 they say that the bill was introduced in Lok Sabah and protest was called at Jantar Mantar on 10/12. The CAB protest was organised by others including me. #DelhiRiots #umarkhalid #KhalidSaifi
John: Jantar Mantar was open, public not secretive. From time immemorial people have gone there. #DelhiRiots #umarkhalid #KhalidSaifi
John: Meeting of Umar Khalid with Khalid Saifi. Other than bald statement I have not been able to find any evidence to corroborate that I met Umar Khalid on 23/12 or he gave directions to raise anti-CAA protest at Khureji #DelhiRiots #umarkhalid #KhalidSaifi
John: Third allegations — meeting attended by so and so I am also there. I won't dispute it. Meetings are held. everyday. Even if meeting was held to form DPSG group, this on its own is not evidence of anything. #DelhiRiots #umarkhalid #KhalidSaifi
John: They say DPSG group was formed and I am a part of it and some call is given by me at Jantar Mantar. If that is so, I have no contestation. #DelhiRiots #umarkhalid #KhalidSaifi
John: So called meeting among Umar Khalid, Tahir Saifi and Khalid Saifi. Someone called Saturn corroborates it. I have culled out evidence against myself and I relied on Saturn's statement. All that statement says that some time in evening... these 3 met, but he is not witness..
John: I meet 100 people everyday. This great meeting has been addressed by me separately. Assume that's true, even then it is not robust evidence to show conspiracy. #DelhiRiots #umarkhalid #KhalidSaifi
John: They are relying on chat in DPSG group... a message was sent by Khalid Saifi. I would want the message to be screenshared. What is this message. "Dilli me jahan jahan hinsa huyi..... CM Kejriwal ka gheraw kiya jaye"..
John: Inaction of police against violence... take it or leave it I own the message. #DelhiRiots #umarkhalid #KhalidSaifi
John reads police statement: Message doesn't say that. It says police has not been able to control the riots. Even if I say it to be held accountable, asking CM it is my right as an Indian citizen. #DelhiRiots #umarkhalid #KhalidSaifi
John: One Ovais is their key witness. There were some 67 members of that group, from difficult backgrounds, disparate in nature. Every body has a view. They were talking about protests sites all over the city. #DelhiRiots #umarkhalid #KhalidSaifi
John: My friend said protests were communal, not organic. Let us assume, even if it was not organic. Protests are organised. So what. prosecution has sought to communalise this case. One community affected by this bill. #DelhiRiots #umarkhalid #KhalidSaifi
John: It is their right to protest. Kindly look at this witness Ovais who is their star witness. #DelhiRiots #umarkhalid #KhalidSaifi
John reads message from United Against Hate on assembling at Khureji: What my learned friend was the message of star witness... On 13Jan this protest is validated by their star witness. He says women should assemble. #DelhiRiots #umarkhalid #KhalidSaifi
John: A message was read out (by SPP). It has no relation with me. What my friend didn't read was the subsequent messages. #DelhiRiots #umarkhalid #KhalidSaifi
John reads message from Khalid Saifi. Please reach Khureji ASAP. It's an SOS call Police cracked down once but out numbered by locals. They may come back again... #DelhiRiots #umarkhalid #KhalidSaifi
John then reads message from Ovais: Ye wohi gentleman hai jo baad me kuch aur keh raha hai. He is validating the protest. #DelhiRiots #umarkhalid #KhalidSaifi
John: A particular message was shown: In the backdrop of police, paramilitary crackdown there is some terror. My learned friend is interpreting it to say.... Is this evidence of criminality. Have we forgotten the laws? #DelhiRiots #umarkhalid #KhalidSaifi
John: You can't use the star witness to validate some things and leave other things. I am finding it very difficult to answer these insinuations. #DelhiRiots #umarkhalid #KhalidSaifi
John: In the context to what was read out with respect with Ovais Sultan Khan with the fact that he raised some apprehensions of violence, while that is not related to me... Read the whole thing... #DelhiRiots #umarkhalid #KhalidSaifi
John: Messages of this gentleman shows another story.
John reads message which says Kapil Mishra has announced a counter rally. #DelhiRiots #umarkhalid #KhalidSaifi
John reads message which says Kapil Mishra has announced a counter rally. #DelhiRiots #umarkhalid #KhalidSaifi
John reading another message from one Amit Kumar.
John now reads message form Ovais: The other peaceful protest sites are also under attack....#DelhiRiots #umarkhalid #KhalidSaifi
John now reads message form Ovais: The other peaceful protest sites are also under attack....#DelhiRiots #umarkhalid #KhalidSaifi
John: There is no single narrative in these chats groups. There are multiple narratives. Multiple grievances with the police or the current dispensation. I object vehemently to prosecution taking out messages in isolation,give meaning to further their case#DelhiRiots #KhalidSaifi
John: I can see Ovais saying now the wrath of protest will be on... The moral of this is dont isolate messages. View it with a holistic whole with all imperfections and try and understand whthere the group as a whole or individuals were perpetrating terrible terrible violence.
John: Don't put tyhe charge on us. Don't brush aside the actions of the police. It is apparent from the chats. #DelhiRiots #umarkhalid #KhalidSaifi
the*
John: I am the only one — both his legs, both his arms cracked. Brought to court in fracture. #DelhiRiots #KhalidSaifi
John reads statement of one Tarun Sagar: Police breaking cameras at Khureji Khas. #DelhiRiots #umarkhalid #KhalidSaifi
John: Is there a response about this. Or we will say this is the evidence of conspiracy. Be fair when you are relying. Don't take out messages in isolation and put meaning to messages. We can read messages and take them for literal meaning. #DelhiRiots #umarkhalid #KhalidSaifi
John: Ye chup the, ye bolne lage gaye.... We cannot attribute meaning to messages. Prosecution to base its arguments on conjecture, surmises.. which is solely theirs is impermissible in law. #DelhiRiots #umarkhalid #KhalidSaifi
John: The entire address of learned Prosecutor was on 120B (conspiracy). I am also charged substantively under 13,16 UAPA. When these charges are there you have talk about UAPA and not just conspiracy. #DelhiRiots #umarkhalid #KhalidSaifi
John: I deliberately wanted to read... Every violence, or every riots cannot attract 13 (O) (UAPA). #DelhiRiots #umarkhalid #KhalidSaifi
John: I am taking it to highest and take it that I had a role... where are the evidence for invocation of 13 (UAPA). I am specifically charges under 15 (UAPA) which defines a terrorist act. #DelhiRiots #umarkhalid #KhalidSaifi
John: Random juvenile wanted to use katta (fire weapon)... How can that be attributed to me.. How can 15 (UAPA) be invoked? Then let 15 become the norm. #DelhiRiots #umarkhalid #KhalidSaifi
John: No evidence but 17 (Punishment for raising funds for terrorist act) is invoked against me. I had relation to Tahir Hussain's funds... I have detailed it... Even 18 (UAPA) (punishment for conspiracy). #DelhiRiots #umarkhalid #KhalidSaifi
John reads Section 18 of UAPA and says: Aap (prosecution) WhatsApp message pe poora case chala rahe ho? What is that act? #DelhiRiots #umarkhalid #KhalidSaifi
John reads Supreme Court judgment on terror cases: SC said while considering onerous conditions of bail, TADA, UAPA has to be applied. Assuming that these communal riots, terrible riots, in which a large majority members of minority died, was by persons seeking bail..
John: Even then your honour has to see if trial is with ordinary procedure or UAPA has to be invoked. #DelhiRiots #umarkhalid #KhalidSaifi
John: Prosecution has sought to delegitimise protest — I am sorry that is unconstitutional. I accept, I was part of the protest; Had to do something with Khureji protest site; I was part of DPSG group apart form some others, so what? #DelhiRiots #umarkhalid #KhalidSaifi
John: We cannot criminalise acts that have not led to violence; cannot criminalise acts singly which has multiple narratives. Same record shows multiple narratives. #DelhiRiots #umarkhalid #KhalidSaifi
John: Requires this court to look at police with a critical glare.. Record shows I was injured; shows I was nowhere near Chand Bagh area where violence took place. 13, 15, 16 and 18 (UAPA) are not made out against Khalid Saifi. #DelhiRiots #umarkhalid #KhalidSaifi
John: And the reason is that the response of State has bee so generic.. where they picked up one message and said CM house should be gheraoed or they picked up another message without contextualising. #DelhiRiots #umarkhalid #KhalidSaifi
John: I have been brave enough to show evidence against me.. Only conspiracy taught in law is criminal conspiracy. Conspiracies hatched in silence but no 'conspiracy of silence'. 'Conspiracy of silence' not culpable. #DelhiRiots #umarkhalid #KhalidSaifi
John: As accused I am relying on their evidence. Their evidence doesn't add up. It is based on conjectures, surmises. And to ask court to read in a particular way is not permissible. #DelhiRiots #umarkhalid #KhalidSaifi
John: Learned prosecutor has not rebutted my refutation of their case and no case against me is sustainable. #DelhiRiots #umarkhalid #KhalidSaifi
John: Even using rigours of 43D I am entitled to bail. We both have done a mini trial. The veracity of evidence will be tested during trial. #DelhiRiots #umarkhalid #KhalidSaifi
Counsel for Umar Khalid requests for day after tomorrow for rebuttal. Granted. #DelhiRiots #umarkhalid #KhalidSaifi
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