Umar Khalid Flags Fabricated Evidence In 17 Delhi Riots Cases Out Of 93 Acquittals, Calls UAPA Chargesheet 'Storytelling'

Former JNU scholar Umar Khalid on Wednesday flagged before a Delhi Court fabrication of evidence found by the trial court in seventeen 2020 Delhi riots cases, out of the 93 cases which resulted in acquittals.

Senior Advocate Trideep Pais referred to various orders passed by different judges wherein it was concluded that there has been fabrication of evidence by the Delhi Police and lack of any basis to implicate the acquitted individuals.

The submission was made by Pais before Additional Sessions Judge Sameer Bajpai of Karkardooma Courts while opposing framing of charges against Khalid.

The case relates to FIR 59 of 2020 investigated by Delhi Police's special cell. The UAPA case alleges a larger conspiracy in the commission of the 2020 North-East Delhi riots.

“As of now out of the 750 cases to my knowledge, there have been 93 acquittals. And in 17 of those cases, the sessions judges have concluded that there has been fabrication of evidence, imaginary witnesses and lack of any basis,” Pais said.

He submitted that the individuals who made the Delhi Protest Support Group (DPSG) and wrote maximum number of messages in it are not accused in the case.

He further said that the individuals referred to by Delhi Police to cite their connectivity with Khalid are not made accused in the UAPA case. He referred to the names of Nadeem Khan, Saif ul Islam, Apeksha, Shehnawaz, Yogendra Nadav etc.

“If you are saying I have connectivity…. Please see the flaw in the chargesheet. If I have connectivity, why on earth they are not accused with me? And if they are not accused, why am I?,” he said.

Pais further said that the UAPA chargesheet filed by the Delhi Police does not point towards the guilt of the accused but at the opinion of the Police.

“This chargesheet does not point at the guilt. It points at the opinion the police has. Some kind of storytelling,” he said.

“There has to be a connection between them (DPSG members) and me otherwise how can I be a conspirator to make Delhi burn?,” he added.

On fabrication of evidence and implication of people in cases, Pais argued that some of the witnesses “miraculously appear” after Khalid's arrest, sometimes after six to eight months.

The matter will now be heard on October 08.

Earlier, Pais had argued that Khalid has spent five years in custody in the Delhi riots larger conspiracy case, calling it a “joke of an FIR.”

Khalid was arrested in the case by the Delhi Police on September 13, 2020. He was recently denied bail in the case by a division bench of the Delhi High Court on September 02.

He has approached the Supreme Court challenging denial of his bail. The matter is listed for hearing on October 27.

Vide the impugned order, the Delhi High Court also denied bail to co-accused Sharjeel Imam, Athar Khan, Khalid Saifi, Mohd Saleem Khan, Shifa ur Rehman, Meeran Haider, Gulfisha Fatima and Shadab Ahmed. A different bench also denied bail to co accused Tasleem Ahmed.

In its order, the High Court observed that prima facie, the role of Imam and Umar Khalid in the entire conspiracy is “grave”, having delivered inflammatory speeches on communal lines to “instigate mass mobilization of members of the Muslim community.”

It further said that the trial need only progress naturally, as a “hurried trial” will be detrimental both to the accused and the State.

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

In June 2020, Safoora Zargar was given bail on humanitarian grounds on account of her pregnancy. In June 2021, the High Court, on merits, granted bail to three other accused - Asif Iqbal Tanha, Devangana Kalita, and Natasha Narwal.