Been In Jail For 5 Yrs, Booked Under UAPA Over 'Innocuous Messages': Khalid Saifi To Delhi High Court For Bail In Delhi Riots Case

United Against Hate founder Khalid Saifi, accused in the Delhi riots larger conspiracy case, on Tuesday asked the Delhi High Court to consider if UAPA charge invoked against him over "innocuous messages" can be a reason for denying him bail or even prosecuting him in the FIR.

While canvassing its case, the Delhi Police had relied on some allegedly incriminatory messages exchanged between Saifi and protestors on WhatsApp groups.

It is referring to this, Senior Advocate Rebecca John submitted, “Can UAPA on the basis of innocuous messages or their (prosecution) attempt to make stories out of such messages, can it become a reason to deny me bail or is it even a ground to prosecute me under UAPA?”

John was making rebuttal submissions in Saifi's bail plea before a division bench comprising Justice Navin Chawla and Justice Shalinder Kaur.

She highlighted that the Khureji protest site, of which Saifi was an incharge, was not the seat of communal violence in February 2020.

John further submitted that Saifi deserved to be released on bail on the ground of parity with three co-accused persons who have been released on bail in June 2021.

John was referring to the case of Asif Iqbal Tanha, Devangana Kalita and Natasha Narwal who were granted bail by a coordinate bench of the Delhi High Court and the relief was later confirmed by the Supreme Court.

“They (Delhi Police) lost their challenge and then for them to say that the High Court judgment is no judgment in the eyes of law is unfair. If that was no judgment, the order of bail would have been set aside,” John said.

She then submitted that it is for Khalid to make out a case of parity and the Court to consider the same but the prosecution cannot shut out the accused and say that he is not entitled to claim parity. Bails are granted day in and day out on grounds of parity, she said.

“I have been in custody since March 21, 2020. Not a single day of bail have I enjoyed. It has almost been 5 years,” she said.

The matter will continue to be heard later this month.

The bench is hearing the bail pleas filed by Umar Khalid, Sharjeel Imam, Mohd. Saleem Khan, Shifa ur Rehman, Shadab Ahmed, Athar Khan, Khalid Saifi and Gulfisha Fatima. 

FIR 59 of 2020 was registered by Delhi Police's Special Cell under various offences under the Indian Penal Code, 1860 and the Unlawful Activities (Prevention) Act, 1967.

The accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan and Natasha Narwal.

Title: Umar Khalid v. State and other connected matters