Thread by @barandbench

Delhi High Court will continue to hear today former JNU student Umar Khalid's plea seeking bail in the Delhi riots larger conspiracy case.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

In the last hearing, the High Court had expressed a view that it found Khalid's speech obnoxious and inciteful.
Read the full story here:
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The Delhi Police has now filed a short affidavit opposing Khalid's bail application.
The petition will be heard by a bench of Justices Siddharth Mridul and Rajnish Bhatnagar.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Hearing starts.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Sr Adv Trideep Pais appears for Khalid.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

SPP Amit Prasad says a short affidavit has been filed by the Delhi Police.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Bench: Mr Court Master, are these on record?
Court Master: Yes, but they are in sealed cover.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Bench: Open the sealed cover and place it before us. Send it on mail.
SPP: It can't be sent on mail.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

SPP: We will share it on screen.
Bench: Okay.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: In the last hearing, your lordships had asked me to read out the purported offending speech. I had handed it over and I was halfway through when I was stopped.
Bench: Okay, you start from where you were stopped.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: I will first read the FIR.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais reads the FIR.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais' instructing counsel reads the FIR.
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FIR says that Khalid was exhorting people to block the roads during US President Donald Trump's visit.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: The basis of the FIR is that a JNU student gave a speech exhorting people to come on road during the visit of US President.

Pais' connection is unstable.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Bench asks him to reconnect.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Bench: Mr Prasad, when was the chargesheet filed?
Prasad: There are four chargesheets. The most recent one was in March this year.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Bench: Which is the FIR?
Prasad: It is the 59/2020.
Bench: How many accused are there?
Pais: In total, 18 people have been chargesheeted.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Bench: How many are on bail?
Pais: Six people. One by the special judge and rest by the High Court.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Bench: Are you claiming parity with any of them?
Pais: No, i have a better case than them.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Bench: So you don't want us to consider the other cases?
Pais: In one case your lordships had said it should not be treated as precedent. Qua three accused, the DB passed the order but it was challenged through SLP and it was said that it cannot be used as precedent either.

Bench: That was Natasha Narwal and Devangana Kalita?
Pais: Yes.

Bench: There only 18 individuals, why is the process under 207 taking so long?
Prasad: They are asking for unrelied documents. It contains private data also.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: I will show that certain documents which ought to have been given are not being given.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: What I am pointing out from the FIR is that the so called violence in Delhi stood recognized in more than 750 FIRs which were registered one or two days after the violence. Then came this FIR.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Judges have received the affidavit and the chargesheets.
J Mridul: Just give us a few minutes, we will go through it.

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J Mridul: Yes Mr Pais, you may go on.
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Pais: This FIR is not based in actual facts. It is meant to keep the key opponents of CAA behind bars using UAPA.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: The FIR was registered on March 6. It has the crimes of 147,148, 149 and 120B IPC. All are bailable offences. Three people were arrested between 9th and 10th of March.

Pais: They were produced before the magistrate on 13th. They are released the same day by the magistrate. This is the all important FIR which did not even have the non-bailable offences.

Pais reads the magistrate's order.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: The magistrate asked the IO to file a response explaining why bail was not offered to them.

Pais: Now see how the trajectory changes.
J Bhatnagar: Please keep in mind that the FIR is not the encyclopedia of the offence.

Pais: True, but I want to show how the FIR is calculated to keep people behind bars. Immediately after the order, the offences of 302, 307, 124A etc etc are added. these are all non-bailable.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: It is not as if on March 6, the Crime Branch was now aware of what was going on. The violence was in Feb, and in march they add the 302 and other offences.

Pais: Now please note that one Safoora Zargar was arrested on April 10. She gets bail on 13th April. On the same day, she was arrested in FIR 59.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Mridul: What sections were she charged with when she was arrested for the first time? Were they bailable?
Pais: We will find out. What I am submitting is 59 is just a method to keep people in custody.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: After her arrest, she filed for bail again. But by this time Section 302 and others have been added. The application comes up for hearing on April 18. The magistrate requires police to file a better reply because their response was cryptic.

Pais: When the magistrate directs them, he posts it for April 21. It is really crucial because on 19 April, UAPA is invoked.

Pais: It fell from court that FIR is not encyclopedia but it is the mala fide intentions with which offences are invoked. The object of invocation of UAPA is so that she does not get bail. She was finally granted bail by the HC in June 2020.

#DelhiHighCourt #DelhiRiots

Pais: The speech which forms basis of my arrest itself has a very interesting trajectory.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais's instructing counsel now reads the part of the FIR which forms offences against Khalid.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

The FIR contains Khalid's speech. It has references to reports of #Republic and #News18.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: These are newsclips are from #Republic TV that the police saw. It has no secret information.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: The police send a notice under 91CrPC on 16 March to #RepublicTV asking for footage.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: They ask for raw, unedited footage. This was on March 16. Now please see the letter written to CNBC News 18. It is the same letter.

Pais: It is a matter of fact that on March 6, police had no material against me. It is only on March 16 that they try to gather material against me.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: Please now see the responses of these TV channels. #Republic responds on 20th June. So late. It says that the said footage was not recorded by its cameraperson but tweeted by @amitmalviya

Pais: The speech is tweeted by a prominent politician and this has formed the basis of the FIR. No one has seen the speech when the FIR was registered.

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Bench: This is not mutually exclusive. There must have been other investigation.
Pais: No my lords.

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J Bhatnagar: They say they have received a secret information.
Pais: It is a second hand information received by the TV channel.

J Mridul: Is it you case that the entire investigation against you is limited to just obtaining the speech from Republic and TV18? That's the only investigation? There is no other investigation?

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: The investigation against me starts from July 31. I was arrested in September. If this is a terror crime of the nature which the prosecution alleges, will they wait for six months.

Pais: They have spent this time garnering statements against me. My statements are standalone statements with no relation to the actual crime.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Mridul: Put it in other words. It is nobody's case that the violence occurred from 23 to 25 feb. You are not saying it did not happen. It is admitted position that there were violence and riots. It is at the consequence of this that the FIR 59 was registered.

J Mridul: Those sections related to rioting. So the initial consequence was registration of FIR under bailable provisions.

J Mridul: On 15 March non bailable offences are added, on 19 april, UAPA is added. Are you saying all this is done without investigation?
Pais: There may be investigation but no disclosure wrt to offences under UAPA.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Mridul: You are saying this is mala fide investigation. We are at the stage where chargesheet will reveal why these section were added. It is your apprehension that it was mala fide.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Mridul: So in sum and substance, your argument is that all of it is mala fide. You are saying because the court was enlarging people on bail therefore they added UAPA.
Pais: Yes, my lord.

Pais: There two three reason why your lordships should see Khalid's speech. In the last hearing your lordships had observed that the speech was offensive and inciteful but that is not the part of the speech on which the case against me is based.

#DelhiHighCourt #DelhiRiots

Pais: We may differ on the substance of speech. I would premise it that there was violence in Jamia and that was widely covered. This speech was given in that context. It does not refer to communities but to an organisation.

Pais: The speech says that people of this organisation did not participate in freedom struggle but students of Jamia did. It says today, there is a narrative against but Jamia has always stood up for constitution.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Mridul: When was Jamia set up? It was set up after Independence no? Therefore the backdrop that students from Jamia or JNU participate in freedom struggle may not have legs to stand on.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: It was registered as a society pre-independence. He refers both to Jamia and AMU.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: They only got a copy of the speech in July. I will play this. Jamia was set up in 1924.
J Mridul: Alright.

#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Mridul: Is the prosecution relying on this speech?
Prasad: yes.

Khalid's speech is played in the court.

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Speech is still continuing.
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Speech ends.
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J Bhatnagar: Who is referred to as camel? It says 'unt pahad ke neeche aa gya'.
Pais: He is talking about the government.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: The speech is certainly against CAA and government policy. It certainly says that the organisation that he refers to did not participate in freedom struggle but those who are referred to as anti-national did.

Pais: It says we swear by the constitution and that we will not come to violence even when we are beaten. There is a reference to pointing out the government's policies as oppressive. This doesn't even speak of Delhi. He says Trump will visit Gujarat.

J Bhatnagar: What does he say about the Prime Minsiter in the speech?
Pais: He says a lot against the PM, against the CAA/NRC and government policies but that cannot be crime.

J Mridul: He uses the words inquilab and kraktikari. What is the meaning of the word?
Pais: Revolutionary.
J Bhatnagar: He used the word changa, what is that?
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: The phrase 'sab changa si' was used by the Prime Minister.
J Bhatnagar: Is it okay?
Pais: It is not illegal.

Pais: More than 500 days in jail under UAPA has been the punishment. By this logic people will not even be able to speak.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: This is intolerance. The FIR is a result of intolerance.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: In this case while his presence is referred to difference places, the CDR has not been given to him. There are witness statements, even if they are taken at their fullest force...
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

...My lords were saying the speech is critical of PM. There may be outrage against it but is it a crime? By no stretch of imagination is it crime.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: The question is whether the speech falls under the four corners of the crime that has been drawn against me.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: In terms of Watali, it is not for us to simply take the statements and refuse to even go into whether they are probable and whether they disclose constitution of a crime.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: The speech has no incitement as contemplated by Indian case law and therefore there is no crime.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais now refers to the Kedar Nath Singh judgment.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: The five judge bench is clearly saying that if the safeguard is not built in 124A, 19(1)(a) is violated.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

There is no tendency in the speech to create disorder or call to violence: Pais.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais now reads the Rangarajan V/s P. Jagjivan Ram judgement.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: The crowd was sitting, it was listening. However much we disagree, it was by no means the speech which comes close to sedition, leave alone the provisions of UAPA.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: This speech was in Amravati. The crime happened in Delhi.
Pais now reads the Balwant Singh judgment.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: This is from 1984. He was arrested from Chandigarh and tried for sedition. He was sentenced to undergo one year jail term. The case was that in a crowded space, the day Indira Gandhi was assassinated, he raised the slogans of Khalistan Zindabad and Raj Karega Khalsa.

Pais: They said Hinduo ko Punjab se nikalenge and that it is now time to establish Khalsa rule in Punjab. But please see how SC has dealt with it.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: The court said that the slogans did not evoke any response from the sikh community or any reaction from any member of the other community. The court said charges of sedition were not founded against them.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: In so far as the offences related to 153a is concerned, the court said only when written or spoken words have the tendency to affect public tranquility does the law needs to step in. It held that in that case there was no disturbance to peace and tranquility.

Pais: Balwant Singh applied to this case.
J Mridul: There is a distinction. Those slogans were raised by individuals not addressing a gathering. Here he (Khalid) is invited to Amravati to deliver what he himself refers to be an inquilabi and krantikari speech.

J Mridul: In those days there was no means to spread the speech. In today's day and age no sooner is the speech delivered, it is sent ot the whole world... the question is did his speech result in riots in Delhi. the live link has to be between speech and other materials.

J Mridul: That is the link we have to look at. Nobody has quarrel with the settled law related to freedom of speech and expression but what is the result of the speech. did it incite people in Delhi to come onto streets.

J Mridul: If it did, then the question is are you justified in being charged with offences.

J Mridul: What is the date of the speech?
Pais: the violence erupted a week later.
J Mridul: so the question is were the two linked. You said camera pans and people are found sitting. It is neither here nor there.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: The camera pan reference by me was wrt Balwan Singh. The speech does not call for violence. There is no witness who says they were incited by this speech. Two witnesses are cited to have heard this speech, even they do not say they were incited by this.

J Mridul: Let us look at the allegations against you in chargesheet.
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Pais asks if the court will be breaking for lunch.
Bench: Okay, we will resume in the post lunch sessions.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Hearing resumes.
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The court is dealing with a habeas corpus petition listed for 2::15pm. Umar Khalid matter to be taken up after this.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Matter is taken up.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

SPP: I want to clarify two things. The submission that speech was never presented is incorrect. Secondly wrt to CDR keys not being given, there is a letter for confirmation from their counsel which says it was given.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: The video was not given or produced, the speech was there, we read it from chargesheet itself. Video has an impact. The video was never produced.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: As far as CDR key is concerned, it does not have Delhi locations.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: The CDR was provided for Delhi but the key was not, therefore it is moot.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais' instructing counsel begins reading statements of one of the witnesses.
There are two witnesses named Neon and Beta.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Counsel now reads the statement of protected witness Beta.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: Qua this witness, one is he clearly says that he works under guidance and direction of one Amanullah. Amanullah is not an accused. He speaks of a large number of people who came and spoke. He give 10-15 names. Of these only a few are accused.

Pais: Qua Umar Khalid he does not say that he watched the video. He says Amanullah told him that Khalid gave a provocative speech. He misquotes the speech a lot.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: He speaks of sentences like this government is against Muslim. But the speech does not say anything like that. It speaks of CAA/NRC being unfair law. Two days later he changes he stand, he says I have watched the speech. He does not give any exact time or anything.

Pais: His only line is "I got the impression". He only says he got the impression that there was a conspiracy. He does not tell you what the conspiracy was or any direct link between Amravati speech and riots.

Pais: The speech was not widely circulated. In fact, it took the police months to get the speech. The witness cannot be relied upon at all. He does not speak of what happened in the aftermath.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: Neon's speech is also very very interesting. It is recorded after my arrest.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais' instructing counsel continues reading the statement.
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The counsel is now reading Neon's statement under Section 164 CrPC.
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Pais: As your lordships would have noticed, even this witness misquotes the speech and even he says he was told by someone else. On 18 and 19 November he says my being out of station was part of conspiracy. Till then no one said that but it comes up very conveniently now.

Pais: Khalid is not part of JCC. His speech is introduced to both the witnesses by Amanullah. The statements has numberous embellishments.

Pais: There is no effect of speech as contemplated by the case laws that I have cited. There is no incitement or spark in the powder keg. I submit that in terms of Kedar Nath, Balwant, Shreya Singhal, the offence of 124A is not only unfounded but it is more than remote.

Pais: Even the special court does not find so. It only alludes to the visit of Trump. Anyone who has a grievance against a foreign country waits for those dignitaries to come so that those views can be expressed but it cannot be terror.
#DelhiHighCourt #DelhiRiots #UmarKhalid

Pais now reads the special court's order.
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Pais: This judgment would have been a mere 20 pages if references to events unconnected to me were removed. If they were removed there would have been no case against me.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Mridul: Those cannot be removed because you have also been charged with conspiracy. Everything that your co-conspirator does are attributable to you as part of the conspiracy.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Mridul: By himself he will not be able to give what we say "anjam" to the conspiracy. Look at the evidence act on conspiracy. You have to answer for the act of conspiracy. Therefore your submission is not something we can appreciate.
#DelhiHighCourt #DelhiRiots #UmarKhalid

J Mridul: Let us see the definition so that you can address us on what you have been charged with.
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Section 10 of the Evidence Act is shared with the court on screen.
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J Mridul: Everything your co-conspirators did will be linked to you. Everything they did, evidence act is clear on that.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: It has to be connected through a common intention.
J Mridul: the manner in which protests are to be organised, what is the objective of the protests assumes relevance.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Mridul: Assume an hypothetical situation. If one of the co-conspirators had said let us gather incendiary things. Would you not be charged with it? Please read the section again.
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J Bhatnagar: We are talking of common intentions.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Mridul: Is says first entertained by any one of them.
Pais: At best, the common intention was to protest.
J Mridul: That is an over-simplification.

J Mridul: Consider the example we gave you. if the intention to was to set fire or arson would you not be charged, therefore there is reference to your co-conspirators.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Mridul: so your argument is that they were all acting independently?
Pais: No, the intention to protest peacefully is being interpreted as common intention to cause violence.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Mridul: Okay we will come to whether there was any common intention to violence. that is why we asked you the meaning of the words revolutionary and krantikari.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Bhatnagar: the person who introduced Khalid on stage also said that he will now present his "inquilaabi khayal".
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Mridul: We have to look at what he means by the word inquilabi and krantikari. you say this does not incite anyone. the question is it is not a knee-jerk reaction.

J Mridul: the point is why should he refer to it as inquilabi and krantikari.
J Bhatnagar: The people were clapping.
Pais: People clap at everything.
J Mridul: Surely, you are not saying it was stand-up comedy.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Mridul: Your entire argument is that there was no violence. The question is did it lead to any kind of violence that was orchestrated by him. the speech may be completely innocuous when we look at it in isolation but some can say it was sounding a bugle for something to follow.

J Mridul: The question is what was to follow.
Pais: When I refer to camera panning to audience, say that there is no reaction immediately. There has to be some proximate nexus between speech and violence and Delhi.

J Mridul: You are saying you are galvanising the troops? We will ask the prosecution whether galvanising the troops is an offence. But galvanising people to violence is an offence.
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Pais: As per the prosecution, the conspiracy started on December 4, when CAB came into being.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Mridul: Mr Prasad also need to answer to some of the queries.
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Pais continues reading the lower court order rejecting Khalid's bail.
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Pais: This common intention theory gets debunked completely in the case.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

J Mridul says he will also like to take a look at other speeches delivered.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

"Accused Umar Khalid, in his Amravati speech, specifically made a reference to US President," Pais reads.
Pais: This is all that the special judge said about the speech.
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J Mridul: What does he say about showing to the media during Mr Trump's visit. Please read that part.
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Pais' instructing counsel reads the part of the speech.
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J Mridul: And what does he do? Watch the emphasis he give to "aap log sadak par nikal kar aaeng". Of course you can argue that it is not incitement to violence. It is only asking people to protest.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: Yes, he is talking about Gandhi.
J Mridul: someone may say it is carefully crafted speech and there is no question Dr Umar Khalid is an intelligent man.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: He is not speaking to 15 co-accused.
J Mridul: We can say this is hiding in plain sight. Was it uploaded on YouTube? Tell us the date when it was uploaded.
Pais: We will check.

J Mridul: so it was not contemporaneous?
Pais: Not at all my lord.
J Mridul: Okay.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA

Pais: The galvanising of troop idea would have come if this speech was even shared on various WhatsApp groups that are alleged to be active. But it was not done.
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Pais continues reading the order.
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Pais: Please mark the reference to United Against Hate. It says United Against Hate had a peaceful protest at Jantar Mantar.
J Mridul: Is it the organisation founded by you?
Pais: I am a member.
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Pais: It says Sharjeel Imam was introduced to Yogendra yadav.
J Mridul: Oh! I don't think introducing Sharjeel Imam to Yogendra Yadav is an offence.
Pais: I am glad it fell from your lords. It has been presented as crime in the chargesheet.

Pais: Imam and Khalid never shared stage either. There is only one meeting. It was attended by Yogendra Yadav and others.
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J Mridul: Yogendra Yadav is also arraigned as an accused?
Pais: No.
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J Mridul: There is another question. Would somebody share 43D(5) of UAPA with us?
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J Mridul: It is non-obstante. All that we are required to do at this stage... this was also pronounced by the SC in Watali. The scope of consideration of a bail application under this section, the SC said something in Watali.
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Pais: It gives how it has to be interpreted. We will be placing following judgments as well.
J Mridul: Let us start with Watali. All that we are required to detrmine at this stage is whether the offences against you are prima facie true.
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Zahoor Ahmed Shah Watali judgment is shared with the court.
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Pais: What I was submitting was that the learned sessions judge has proceeded in the manner that the documents put before it need not be assessed at all. The words used in Watali judgment is that offences alleged are be assessed whether they are "prima facie true".

Pais: The lower court has point out contradictions but says it is not for it to assess he says he will not look at it. In the gap of two days, the witness said he heard it from someone and then he says he heard it.
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Pais: I will adhere to Watali. But on the face of it, i will show, that the chapter IV UAPA offences are not made.
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Bench: We will continued tomorrow. You put all these decisions on record.
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J Mridul informs that he has gone an RT-PCR test and the fact that whether the court will sit physically or not will depend on the result.
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J Mridul: We want to hear the matter and conclude it as soon as possible.
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Order:
For further arguments, list tomorrow.
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Hearing over.
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