Thread by @LawBeatInd

🚨Delhi High Court will shorty continue hearing the bail plea of Umar Khalid, accused of larger conspiracy cases concerning Delhi Riots of 2020. The plea is a challenge to a Delhi court order which found his role in the Delhi Riots conspiracy “apparent”, rejecting his bail plea

Umar Khalid's counsel: There are 5 WhatsApp groups cited, I was not even a member. On 2 in which I am a member, I have sent 4 messages regarding location of protests only. In one msg I have said I received a msg from a police officer & it doesn't seem they will de-escalate.

Umar Khalid's counsel: No eye witness has mentioned that he was present in any violent incident in any part of delhi, during protests against the #CAA.

Umar Khalid's counsel: Allegation that Umar Khalid's speech led to violence, is ipsi dixit of only the chargesheet. His speeches have not led to violence. Out of 17 incidents, no witnesses for 8. Out of remaining 9 incidents, in 4 incidents, only reference to protests/ chakka jam

Umar Khalid's counsel: The other witnesses only speak of hearsay, statements like.. get weapons together... there are rhetorical statements like to what extent the protests have to be taken. In any way, they dont amount to terrorist act.

Bench: Is this definition of Conspiracy attributed to what you are mentioning, also mentioned in the UAPA. The definition given in UAPA for "conspiracy" not same as IPC or evidence Act. UAPA mentions incitement etc.

Bench: To what extent the judgments you rely on, will be germane as you have to address us on what conspiracy is as defined under not only other acts but also under UAPA. Is this incitement, facilitation violence also mentioned in TADA, POTA? (asks for act from court staff)

Bench: The judgments you may be relying on.. with regard to conspiracy.. you may be comparing apples with oranges as definition of conspiracy different in other acts from UAPA.

Umar Khalid's counsel: I am going to share case laws to dictate whether there is any conspiracy at all.

Bench: You want to prima facie establish there is no conspiracy, what about "commit, or advocates, abets, advises or incites or knowingly facilitates commission of" in section 18 of UAPA?

Khalid's counsel: I haven't done any of these!

Bench: Oh! You haven't done any of these!

Khalid's counsel: There is nothing to show I have done any of these acts My lord.

Khalid's counsel is reading excerpts from Kehar Singh.
"The Supreme Court has warned that there has to be physical manifestation of event in order to establish conspiracy.

Khalid's counsel: There is no such physical manifestation in Umar Khalid's case" 17 incidents have no connection with each other except they say they are against CAA & hold protests and chakka jam, which is not illegal.. let alone a terrorist act.

Khalid's counsel is extrapolating from another judgment that telephonic communication between one accused and another does not establish any allegation and that it establishes only that a person knew another.

Khalid's counsel reads another judgment, says that "admin of a group online cannot be made liable for defamation". "I am not even conceding that the WhatsApp group has anything illegal, I am saying that nothing to do with me being liable for anything on it", he adds

Khalid's lawyer reads from judgment, says to hold Admin of a WhatsApp group liable for offence is against principles of criminal law. "I remained silent in these WhatsApp groups, There is nothing criminal in those WhatsApp groups anyway," he adds

Khalid's lawyer is now on whether UAPA section 43 D(5) will apply against Umar Khalid. He reads out a Judgment to say that there is nothing to show that an offence is made out against him or there are reasonable grounds to believe that allegations against him will be established.

Khalid's lawyer continues to reach judgments, he reads one judgment to say that "material cannot be taken as gospel truth". "Though evaluation of material cannot be done at this stage, a limited evaluation would be unavoidable," he adds.

Khalid's lawyer: In my case, half statements which may be damaging to me - a question legitimately arises why the accused came to be arrested before this material came to light.

Hearing will continue on Monday, the 1st of August 2022. Prosecution expected to counter arguments.