The court noted, “The situation here is somewhat unusual, as the prosecution, even in the last supplementary chargesheet, has generally stated that the investigation is ongoing and that its results will be submitted to the court in due course.”
NEW DELHI: On Thursday(5th Sept), Delhi’s Karkardooma Court began hearing arguments regarding charges in the Delhi riots conspiracy case.
Special Public Prosecutor Amit Prasad presented his case before Additional Sessions Judge Sameer Bajpai.
The court noted,
“The situation here is somewhat unusual, as the prosecution, even in the last supplementary chargesheet, has generally stated that the investigation is ongoing and that its results will be submitted to the court in due course.”
Citing a February 2023 Delhi High Court ruling, the judge explained that after the chargesheet is filed and before arguments on the charges are heard, the court can ask the prosecution if the chargesheet is final and if the case is ready for arguments.
The judge further observed,
“It is significant that the prosecution’s written submissions state that the investigation regarding the accused persons is complete. This implies that the investigation is complete for all accused persons listed in the chargesheet, not just for the applicants.”
He concluded, “Therefore, the prosecution has indicated that the investigation is complete, and the case is ready for arguments on charges.”
Additional Sessions Judge (ASJ) Sameer Bajpai has adjourned further arguments by the Delhi police until Friday. The court will hear Saleem Khan’s bail application on Monday.
Prasad highlighted WhatsApp chats to argue that the February 2020 Delhi riots were part of a larger conspiracy, referencing protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). He asserted that despite women being prominent in these protests, they were orchestrated by the accused.
The accused include Umar Khalid, Sharjeel Imam, Safoora Zargar, Natasha Narwal, Asif Iqbal Tanha, Tahir Hussain, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd Saleem Khan, Athar Khan, and Faizan Khan.
The conspiracy aimed to disrupt the city by orchestrating protests and road blockages (chakka jaam) in Muslim-majority areas, leading to violence against police and non-Muslims. Specifically, 23 protest sites against the Citizenship Amendment Bill (CAB) were established in these areas.
Special Public Prosecutor (SPP) Amit Prasad argued that the conspiracy sought to disrupt the city through planned chakka jaam events in Delhi, intended to incite violence. He noted that prior to the February 2020 riots, a smaller-scale riot occurred in December 2019 with similar characteristics and tactics.
SPP Prasad claimed that the protests were not spontaneous but were part of a premeditated conspiracy, disguised as an organic movement. He referenced the involvement of Sharjeel Imam and Umar Khalid in forming groups like JACT, DPSG, and JCC as outlined in the charge sheet. He also pointed out that the protests were portrayed as secular and women-led.
Prasad highlighted that the events were meticulously planned, with the protests stretching from Jahangir Puri to Jafrabad via Shaheen Bagh. The timing was strategically chosen to coincide with President Donald Trump’s visit to Delhi.
Delhi Police cited WhatsApp chats from the DPSG group to demonstrate the accused’s actions during and after the riots, including deleting the group and making numerous calls. Witness statements and charge sheet details, including meetings and conspiracy planning, were presented to show how the riots were engineered by blocking entry and exit points in North East Delhi.
Evidence revealed that CCTV cameras in Chand Bagh were deliberately displaced to hide footage of the riots. The prosecution alleged that the conspiracy began after the CAB was passed on December 4, 2019, escalating into the February 2020 riots in North-East Delhi. Sharjeel Imam, following the CAB’s passage, allegedly formed a WhatsApp group of Muslim students from JNU and began advocating for disruptive chakka jaam on December 5-6, 2019.
It was also claimed that United Against Hate (UAH) organized a protest at Jantar Mantar on December 7, 2019, with Sharjeel Imam joining and seeking support from students of various universities. The idea of chakka jaam reportedly emerged from these interactions.
Sharjeel Imam allegedly communicated with Arshad Warsi about major mobilization and participated in a meeting on December 8, 2019, attended by figures including Yogender Yadav, Umar Khalid, and Khalid Saifi. Imam reportedly maintained close contact with Nadeem Khan and visited Aligarh Muslim University on December 11, 2019, to promote chakka jaam.
On December 13, 2019, Imam directed members to support a Parliament march called by Asif Iqbal Tanha and gave a provocative speech at Jamia University. This led to violence and FIRs being registered. Chakka jaam, planned to spread across Delhi, began following a meeting on December 13, 2019, involving key figures like Umar Khalid, Sharjeel Imam, Asif Iqbal Tanha, and others.
Umar Khalid allegedly discussed plans to initiate chakka jaam at various locations and expressed intentions to overthrow the government. On December 16, 2019, Khalid, along with Saiful and Asif, formed the Jamia Coordination Committee (JCC) to lead the protests and chakka jaam efforts in Delhi.
The Delhi Police has invoked the stringent Unlawful Activities Prevention Act (UAPA) against them.
The court has begun hearing arguments on charges after the Delhi Police reported that the investigation into all the accused is complete.
The judge concurred with the Delhi Police’s argument that supplementary chargesheets can be filed even after the main chargesheet or police report is submitted under Section 173(2) of the Cr.P.C.
Section 173(8) CrPC, this subsection says that if the police submit a police report or a charge-sheet to the Magistrate under sub-section (2) of this Section, it will not prevent them from investigating further into that matter. While investigating further, if the police officer gets any new oral or documentary evidence, he shall make a report on it in the prescribed format and send it to the Magistrate. That report can be stated as a supplementary report or supplementary charge sheet or additional challan.
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Accused individuals Safoora Zargar, Asif Iqbal Tanha, Devangana Kalita, and others had previously filed applications requesting information on the status of their investigations.
Sharjeel Imam, Umar Khalid, and others supported these applications, arguing that they need this information before the court proceeds, as it affects their ability to prepare a defense. They expressed concern that the prosecution might file supplementary chargesheets to address potential gaps identified during the arguments.
