Umar Khalid, Gulfisha, Sharjeel Bail Hearing : Live Updates From Supreme Court | Delhi Riots UAPA Case

ASG Raju requests the matter to be kept on Tuesday.

Luthra: constable sunil is examined on july 7th and September- he deposes that Shadab was involved in organising the protects...and death of ratan lal...protected witnesses deposed that he organised protests...but that is not criminality. Silver is the resident deposed that Shadab was often seen attending the protests. Tahir used to give money for the protests but I am not Tahir...

they attribute a statement- blocking of main road in Chandbagh, Feb 24 to support women for bharatbandh. All of this, I have made arguments on delay before the HC.

Matter to continue on Monday, 2 pm.

Luthra: they have taken the digital records of the CDR and have reversed it...Shadab Ahmed, accused of murdering police constable Ratanlal, was present in that meeting-I am on bail there. Devananga, Kalitha..are regular visitors and have been arrested...prosecution sanction and complaint are pending and therefore default bail.

Mylords put to me what is the DPSG? other Shadab was a member of the Jamia Coordination Committee. On CDR, gentleman is supposed to be at Wazirabad-at the day of the incident.

HC found in order in murder case that I was in Jagathpuri. After this, there are entries that he is in Chandbagh area by and large and there is area Yamunavihar, which is far from the incident. Second last enteries-

J Kumar: these are calls made from his phone?

Luthra: there is reverse mapping but it does not match the CBD

J Kumar: its a matter of evidence.

Luthra: if they made reverse mapping relying on their statement, am I not entitle to challenge it? kindly come to witness statements- supplementary statements- kindly note, incident is of Feb, he is examined in July...a large no of people were protesting against CAA on protest site- Salman, Saleem, Athar, Shadab were speaking-this is the incident...instigated people and vandalise private and personal property and if its relates to murder of ratan and burning of maruti showroom- i am in bail in those matters.

Luthra: The point is, we are at stage of consideration of charge and therefore, Gurwinder principle will not apply.

ASG Raju: please read para 46.

Luthra: 22 witness, terror financing- this is not the situation here. Witnesses are protected. I have put together the incidents, the charges [reads it]. There are various parts to the transaction, various phases. in first phase, no role attributed to me. Then issue is, the deceased and maruti showroom, that is where the incident takes place.

J Kumar: bail granted in?

Luthra: all except this. Reads the order in which bail was granted. I started raising the issue of association and investigating agency brings in fourth chargesheet and introduces Radium and Sodium [protected witnesses].

mylords will find 13 Dec, I am not there. The first time my reference comes is in relation to 15-16 Jan, there is a photo at protest site and local leaders Shadab Ahmed, DPSG [is there]

J Kumar: what is DPSG

Luthra: delhi police soliditary group. [reads the chargesheet]. According to them, I am part of DPSG...there is Shadab but he is Shadab of JCC and not me. On 23 Jan, visited by Shadab Ahmed...lot of chats but I not in those chats.

Reads about allegations of protests and chakka jam

J Kumar: why do you call it as chakka jam?

Luthra: its a very common thing in Delhi which used to happen

Luthra: i was named in chargesheet on 7 Nov, first supplementary 22 nov, 2022 and second, 23 Feb, 21 and last on 22 March 2024. I am referred to 2nd supplementary. There are 12,000 documents. There is no sanction on 196, and no complaint under S. 195 and he was granted default bail.

CBI in this case falsified the version and they came out with 2 witnesses-Radium and Sodium.

J Kumar: these are protected witnesses?

Luthra: yes. When I looked at case diary, I was surprised, I find there is no book no, volume no and one page number is missing. I will read the english translation. I will give the Delhi HC Rules. Kindly look at 172 CrPC- 1A statement of witnesses recorded under 161- see in light of witness testimony.

Arguments on charges are over and I was given two days and in this context, we have benefit of decision in Gurwinder Singh that bail should not be granted- bail in UAPA cases usually follow Najeeb. Gurwinder judgment is 2024. As prosecutor, I use Gurwinder enough and it will come to my rescue here. Mylords were considering bail and after that, please come to para 45- UAPA | Wrong To Say Bail Cannot Be Granted Under A Particular Statute : Supreme Court Distinguishes 'Gurwinder Singh' Judgment

Luthra: two sets of arguments-delay and merits. Accused no. 9 arrested on 20 May 2020, when he was in custody in FIR 60/2020. In this, he was granted on bail on 3 Sep, 2021 and FIR 136, he was granted bail on 21 Dec. FIR 60 is the incident relates to death of police officer Ratanlal, I will show one para HC does not refers to and second FIR 136 relates to Maruti showroom and this relates to larger conspiracy.

He is 27 yrs old and working as supervisor at NDS Enterprises Jagathpuri since 2016.

J Kumar says the bench will rise early and Delhi Police to either begin their arguments on Monday or Tuesday.

Luthra: I understand they are not filing response

J Kumar: what you filed holds good for him?

SG Mehta: yes.