Thread by @barandbench

#Breaking [Umar Khalid judgement] Delhi High Court holds that the accusations against Umar Khalid are prima-facie.
#DelhiHighCourt #UmarKhalid #DelhiRiots

*true
#DelhiHighCourt #UmarKhalid #DelhiRiots

The HC agrees with the trial court's finding that there are some inconsistencies in the statements of some protected witnesses.
But the trial court rightly held that a finding finding has to be given on a cumulative reading of statements of all the witnesses, the HC court said.

"The Ld. Sessions Judge didn't miss the wood for the trees and has extensively dealt with the contention of the rival parties to arrive at a just decision..."

The court says that Khalid's objection that a case is not made-out under UAPA is based on "assessing the degree of sufficiency and credibility of evidence not the absence of its existence but the extent of its applicability..."
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The court adds that Khalid's objeciton is outside the scope and ambit of section 43D(5) of the UAPA.
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HC says that it cannot turn a blind eye to incriminating materials against Khalid including the fact that on 17.02.2020 he delivered a speech at Amrawati referring to the visit of US President Donald Trump,which according to the prosecution, heralded the riots in Delhi.

"The manner in which the administration initially rejected permission for the appellant‟s speech and thereafter how the speech came to be delivered clandestinely on that very day is something which gives credibility to the accusation of the prosecution."
#UmarKhalid

On calls of “Inquilabli Salam” and “Krantikari Istiqbal”, the court says that it is not impressed with Khalid's argument that these calls were meant as a greeting and were against an unjust law.

"The call to revolution may affect many beyond those who were visibly present, which is why this court finds it apt to mention Robespierre, who was at the vanguard of the French revolution."
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"This court is of the view that possibly, if the appellant had referred to Maximilien Robespierre for what he meant by revolution, he must have also known what revolution meant for our freedom fighter & first prime minister...
#DelhiHighCourt #UmarKhalid #DelhiRiots

"The very fact that Pandit Jawaharlal Nehru believed
that democracy has made revolution superfluous after independence and how it meant the complete opposite of a bloodless change," the court says.
#DelhiHighCourt #UmarKhalid #DelhiRiots

"Revolution by itself isn't always bloodless, which is why it is contradistinctly used with the prefix - a
bloodless' revolution. So, when we use the expression
revolution, it is not necessarily bloodless."

"This court is reminded of that although, the activity of “revolution” in its essential quality may not be different but from the point of view of Robespierre and Pandit Nehru, in its potentiality and in its effect upon public tranquillity there can be a vast difference."

The court further holds that there exists a string of commonality which runs amongst all the co-accused.
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The court says that both Khalid and Sharjeel Imam were members of the same WhatsApp group and did participate in the protest at Jantar Mantar and there are statements of protected witnesses which testify to the duo's meeting at PFI office.
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The HC concludes that the protests planeed by Khalid and others against CAA/NRC were "not a typical protest" normal in political culture or democracy but
one far more destructive and injurious geared towards extremely grave consequences.

"Thus, as per the pre-meditated plan there was an intentional blocking of roads to cause inconvenience and disruption of the essential services to the life of community residing in North-East Delhi, creating
thereby panic and an alarming sense of insecurity."

"The attack on police personnel by women protesters in front only followed by other ordinary people and engulfing the area into a riot is the epitome of such premediated plan and as such the same would prima facie be covered by the definition of 'terrorist act'."

On the issue of terrorist act, the court holds:

Judges further add that the the weapons used, the manner of attack and the resultant deaths, destruction caused indicates that it was pre-planned.
#DelhiHighCourt #UmarKhalid #DelhiRiots

"Acts which threaten the unity and integrity of India and cause friction in communal harmony and creates terror in any section of the people, by disturbing the social-fabric is also a priori a terrorist act."
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Court's conclusion.