Chargesheet embellished by prosecution: Umar Khalid tells court in Delhi Riots conspiracy case

Umar Khalid told the sessions court at Karkardooma that the prosecution has added embellishments to the chargesheet in the 2020 Delhi Riots larger conspiracy case.

Senior Advocate Trideep Pais, arguing on behalf of Khalid, stated that the Delhi Police has added embellishments to witness statements.

“He [Khalid] has been in custody for 5 years for this. No violence had occurred. No weapons were recovered. Chargesheet has embellishment added by prosecution. Without evidence, there is no criminality,” he stated.

Additional Sessions Judge Sameer Bajpai heard Khalid’s argument on charge in the Delhi Riots case and posted the matter tomorrow for further arguments.

Refuting each charge one by one, he contended that there is no criminality in merely being a member of WhatsApp groups and student groups. There is no basis for selecting few members and not other members of the group, he added. 

“What is the criminality in belonging to a WhatsApp group? Participation in a meeting is not an offence. Calling for a chakka jam is not an offence. Other members of the meeting have not been arraigned as accused. There has to be some basis for separating us from others. How are the accused chosen?” he stated. 

The prosecution has failed to show criminality and has relied upon witness statements which are hearsay and thereby inadmissible, he went on to say. 

“Allegations are hearsay based on witness statements. I did not direct anyone to create the group. What is criminal in the group? I am not associated anyway...Khalid has not messaged on the WhatsApp groups. He has no connection with the groups,” Pais argued. 

He stated that the prosecution relied on a photo from a “secret meeting” that one member (not made an accused in the case) had uploaded on social media. 

“Why would it be uploaded on Facebook if it was a secret meeting?”

Pais stated that the murder charge on Khalid is bereft of evidence.

‘Murder has been put against me. Who did I murder? I am not named in those FIRs where people died. Proof of the pudding is in the eating,” he stated. 

Pais stated,

“CAA is an unjust law. Students are allowed to protest against an unjust law.”

After completing his arguments for today, Pais requested that Khalid be provided two books in Tihar Jail, one of which is on cricket.

The court is hearing arguments on charge in the Delhi Riots conspiracy case.

The accused in the case are 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.

Meanwhile, the Supreme Court is scheduled to hear the bail pleas filed by Khalid and others on Friday, October 31.