CAA/NRC protests pre-meditated; prima facie 'terrorist act': Delhi High Court

The Delhi High Court on Tuesday observed that the protest planned by Umar Khalid and others against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) was a premediated plan and would prima facie be covered by the definition of 'terrorist act' under the Unlawful Activities (Prevention) Act (UAPA). [Umar Khalid v State of National Capital Territory of Delhi]..A division bench of Justices Siddharth Mridul and Rajnish Bhatnagar, while denying bail to Umar Khalid in the Delhi riots conspiracy case, said that the protest was not a typical one but was far more destructive."The protest planned was "not a typical protest" normal in political culture or democracy but one far more destructive and injurious geared towards extremely grave consequences", the Court observed.It also said that the attack on police personnel by women protesters in the front, followed by other ordinary people, and engulfing the area indicates that it was a pre-planned attack.“ The attack on police personnel by women protesters in front only followed by other ordinary people and engulfing the area into a riot is the epitome of such pre- mediated plan and as such the same would prima facie be covered by the definition of 'terrorist act'.... Acts which threaten the unity and integrity of India and cause friction in communal harmony and creates terror in any section of the people, by disturbing the social-fabric is also a priori a terrorist act,” the court said..[Umar Khalid] Delhi High Court relies on Pandit Jawaharlal Nehru, Maximilien Robespierre, holds 'revolution' isn’t always bloodless.Further, the Court observed that protests against CAA/NRC that metamorphosed into violent riots in February 2020, "first began by choking public roads, then violently and designedly attacking policemen and random members of the public, where firearms, acid bottles, stones were used. These protests and riots prima-facie seem to be orchestrated at the conspiratorial meetings held from December, 2019 till February, 2020".The bench said that if the chargesheet and material collated were to be taken at face value, there appears to have been a premeditated conspiracy for causing disruptive chakka-jam and protests at different planned sites in Delhi which would culminate in riots in natural course on specific dates.“Thus, as per the pre-meditated plan there was an intentional blocking of roads to cause inconvenience and disruption of the essential services to the life of community residing in North-East Delhi, creating thereby panic and an alarming sense of insecurity,” the Court said..Noting that the cumulative statement of the protected witnesses indicated the presence and active involvement of Khalid in the protests engineered against CAA/NRC, the Court rejected his application for bail.