Today On 1st August, Khalid Saifi approached the Delhi High Court to contest the attempt to murder charge levelled against him in connection with the Delhi riots case. Saifi’s legal team argues that the charge lacks substantial evidence and calls for a reassessment of the accusations.
New Delhi: ‘United Against Hate‘ founder Khalid Saifi approached the Delhi High Court on Thursday to contest the attempt to murder charge against him in connection with the communal riots that occurred in parts of the city in February 2020.
Saifi’s senior lawyer argued that since the charges under the Arms Act were dropped, no weapon was recovered, and the alleged gunshot not attributed to him, the section 307 (attempt to murder) IPC charge should not be applied.
However, Justice Manoj Kumar Ohri noted that witness statements placed Saifi at the scene of the incident and indicated provocation, leading him to be disinclined to dismiss the plea.
The judge stated,
“I will pass the order,”
He further added,
“Act of one, act of all. It will be open to you to cross-examine whether you were present or not.”
The communal clashes erupted in northeast Delhi on February 24, 2020, following escalating violence between citizenship law supporters and protesters, resulting in at least 53 deaths and around 700 injuries. The FIR, filed at Jagat Puri police station, reported that a mob had gathered in Masjidwali Gali in the Khureji Khas area on February 26, 2020, disobeying police orders to disperse, throwing stones, and assaulting police officers. It also mentioned that someone fired a gunshot at head constable Yograj.
According to the prosecution, Khalid Saifi and former Congress councillor Ishrat Jahan incited the “unlawful assembly.”
In January, the trial court ordered charges, including attempt to murder, rioting, and unlawful assembly, against Saifi, Ishrat Jahan, and 11 others. These charges formally framed in April. However, all 13 were cleared of criminal conspiracy, abetment, common intention, and Arms Act charges.
Saifi’s senior lawyer limited the high court revision petition to contesting the invocation of section 307. She argued that Saifi, an organizer of the Khureji Khas protest, was a victim of custodial torture and that no evidence, including CCTV footage, linked him to the unlawful assembly or incitement of violence.
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The counsel contended,
“Firing occurred separately. I am not connected to the firing. For section 307, the only evidence is that somebody fired. And there is no injury from the firing,”
She added,
“Once the Arms Act charges dropped against us and the juvenile was separately prosecuted and acquitted for the firing there is nothing to suggest Yograj even suffered a scratch. The test of credibility must be there,”
According to the prosecution, Khalid Saifi and former Congress councillor Ishrat Jahan incited the “unlawful assembly.”