Former JNU student, arrested in 2020, is facing charges under UAPA
Verdict significant as it could set the tone for others accused charged under UAPA
The Delhi High Court will on Tuesday pronounce its verdict on a bail plea of former JNU student Umar Khalid, arrested in connection with the 2020 north-east Delhi riots case.
Mr. Khalid, arrested on September 13, 2020, is facing charges under the anti-terror law Unlawful Activities (Prevention) Act (UAPA) for allegedly being one of the ‘masterminds’ and instigator behind the 2020 riots.
Trial court order
On March 24, 2022, a trial court here had denied bail to Mr. Khalid stating that there were “reasonable grounds” to believe that the accusations against him were prima facie true.
In his appeal against the trial court’s order, the former JNU student had argued that he was not present when the violence broke out. Mr. Khalid has also argued that the case is based on cooked-up statements. His counsel had earlier argued that he has been in jail for the last two years based on a protected witness’ hearsay statement which had not been corroborated so far.
He had said that the use of the word ‘revolution’ during his speech in Amravati in February 2020 could not be construed as a call to violence.
‘Rightly dismissed’
In its response to Mr. Khalid’s bail plea, the Delhi police had said the trial court had “rightly dismissed” his plea for release through a “well-reasoned order”.
Delhi Police has opposed Mr. Khalid’s bail plea saying that the role played by different entities – WhatsApp groups and individuals in pursuance to the conspiracy behind the riots – would be clearly demonstrated by the trial court orders, rejecting bail to the other co-accused in the case.
Mr. Khalid, another JNU student Sharjeel Imam, and several others have been booked under the UAPA in the case for allegedly being the “masterminds” of the February 2020 riots that left 53 people dead and over 700 injured.
The riots erupted during the protests against the Citizenship Amendment Act and the National Register of Citizens.
Fact-finding report
A recent fact-finding report titled ‘Uncertain Justice: A Citizens Committee Report on the North-East Delhi Violence 2020’ released last week commissioned by the Constitutional Conduct Group has questioned the Delhi police for invoking the UAPA against the accused in the riot cases.
The report authored by a former judge of the Supreme Court, three retired High Court judges and a retired IAS officer stated that the prosecution case at its highest would be that the conspirators, in their zeal to force a repeal of the CAA, participated in various criminal acts and created a situation so imminently dangerous “leading to death and bodily injury” in a localised area.
“These acts do not constitute a terrorist offence. Applying Section 15 of the UAPA to the present case is not merely stretching the law, but a perversion of the law,” the report said.
