Umar Khalid’s defense in the Delhi High Court argues no violence was attributed to him in the 2020 riots case, highlighting lack of incriminating evidence and prolonged pre-trial detention.
New Delhi: Umar Khalid, an accused in the 2020 Delhi riots conspiracy case, argued before the Delhi High Court on Thursday that there was no allegation of violence against him.
His counsel, Senior Advocate Trideep Pais, made submissions before a division bench of Justices Navin Chawla and Shalinder Kaur, countering the allegations put forth by the Delhi Police.
“Being in a WhatsApp Group Doesn’t Imply Criminality” – Khalid’s Counsel
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Referring to WhatsApp conversations cited as evidence, Pais pointed out that Khalid was part of three groups but barely sent any messages.
“Merely being on a group is not any indication of anything wrong. In this case, I have not even said anything. I only shared the location of a protest site when someone asked for it. If someone chooses to inform me, it is not attributable to me. Anyway, there was no criminality in the message,”
Khalid stated.
Pais further argued:
“Posting messages regarding how the protest will be organised has not been attributed to me by the star witness. I sent only five messages. I have replied to messages asking for the location of a protest and even sent a message to de-escalate the situation. I have not posted a single message regarding any mobilisation.”
The Court also noted that Khalid was not a part of the Jamia Awareness WhatsApp group, and witness statements claiming he formed the group were “mere hearsay.”
Also Read: Umar Khalid Seeks Bail in North East Delhi Violence Case
No Recovery, No CCTV Destruction, Argues Khalid’s Counsel
Pais emphasized that there was no recovery of any incriminating material from Khalid and that he had not destroyed any CCTV evidence.
He also pressed for bail on the grounds of prolonged incarceration as an undertrial, pointing out the delay in trial.
Seeking Bail on Parity with Other Accused
Khalid’s counsel argued that his role in the case was less than that of four co-accused who have already been granted bail.
“On parity, I have a strong case. I was not in Khureji, Devangana was there, and she was given bail. Natasha, Devangana, and Asif Iqbal Tanha have more roles attributed to them, and they have been given bail,”
Pais submitted.
The High Court will continue hearing arguments on March 4.
Khalid’s Legal Battle for Bail
- Khalid was arrested in September 2020 and charged with criminal conspiracy, rioting, and unlawful assembly under the Unlawful Activities Prevention Act (UAPA).
- The trial court denied him bail in March 2022, followed by the Delhi High Court rejecting his plea in October 2022.
- In May 2023, the Supreme Court sought Delhi Police’s response but adjourned the case 14 times.
- On February 14, 2024, Khalid withdrew his bail plea from the Supreme Court citing a change in circumstances and decided to move the trial court again.
- On May 28, the trial court rejected his second bail petition, leading to his current appeal before the High Court.
Also Read: Umar Khalid’s UAPA Case| Delhi Court Reserves Order on Bail Plea
With the Delhi High Court set to hear further arguments on March 4, the focus remains on whether Khalid will finally be granted bail after spending over three years in jail as an undertrial.
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