Anti-CAA protests, conspiracy to uproot elected government, chakka-jaam: Dissecting Delhi Police's 2,600+ page chargesheet on Delhi riots

Seven months on, the Delhi Police has filed its first chargesheet in the case concerning the alleged conspiracy that led to the riots in the capital’s North-East area in February 2020.

. The charge sheet has been filed by ACP Alok Kumar and DCP PS Kushwah on September 16, 2020. A total of 751 FIRs were registered in the Delhi riots according to the chargesheet.

. Filed before Additional Sessions Judge Amitabh Rawat at Karkardooma Court, Delhi Police has named fifteen people as accused.

. These 15 people are:

1. Abdul Khalid Saifi,

2. Ishrat Jahan ,

3. Meeran Haider,

4. Tahir Hussain,

5. Gulfisha Khatoon,

6. Safoora Zargar ,

7. Safa-Ur-Rehman,

8. Asif Iqbal Tanha,

9. Shadab Ahmad,

10. Natasha Narwal ,

11. Devangana Kalita ,

12. Taslim Ahmad,

13. Salim Malik,

14. Salim Khan and

15. Athar Khan

. The Police has sought cognizance of offences under Section 120 B of the Indian Penal Code read with Sections 13, 16, 17, 18 of the Unlawful Activities (Prevention) Act [UAPA]; and Sections 124A, 153A, 302, 307, 109, 114, 147, 148, 149, 186, 353, 395, 201, 341, 212, 295, 427, 435, 436, 452, 454, 341, 420, 468, 471, 34 IPC; as well as Sections 25 and 27 of the Arms Act and Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984.

. Out of the fifteen accused, six are students, and except Safoora Zargar, all are in judicial custody.

.Breaking: Delhi High Court grants Safoora Zargar bail in Delhi Riots case. With the investigation still being carried out by the Crime Branch, three persons – Mohammad Danish, Mohammad Ilyas, Mohammad Parwez Ahmad - have been named as suspects.

. During the violence that took place from February 22 to February 26, as per the Police, 53 were reported dead and 530 were injured (including 106 police officials). As per records, from February 22 to February 26, as many as 16,381 PCR calls were received.

. Offences under the Arms Act and UAPA were added to the original FIR after the commencement of the investigation.

.[Delhi Riots] Delhi HC dismisses former Congress Councillor Ishrat Jahan plea against extension of period of investigation. Consequently, the period of investigation was extended by the trial court under Section 43(D)(2)(b) of UAPA.

. Here is a summary of the Delhi Police's chargesheet filed in the Delhi Riots case.

. Formation of Groups

. As per the chargesheet, the chronology of conspiracy behind the riots began on December 4, 2019, when the Union Cabinet Committee gave its nod to the Citizenship Amendment Bill (CAB).

. This resulted in the creation of a WhatsApp group of 'Muslims students of JNU' (MSJ), of which Sharjeel Imam was an active member. Apart from MSJ, another group, ‘Students of Jamia’ was also in existence and the two groups, as per Police, distributed pamphlets and planned protests.

. On December 7, 2019 an agitation was called by another group, United Against Hate, at Jantar Mantar. Here, Sharjeel Imam, Yogender Yadav and Umar Khalid decided and agreed to use social media for large-scale indoctrination and mobilization of youth for “chakka jam” as a mode of protest and to launch awareness campaigns in Muslim majority areas.

. In the meantime, the CAB became the Citizenship Amendment Act , and pursuant to a “common conspiracy” to stage protests, several agitations were carried out, including the March-to-Parliament protest at Jamia Millia Islamia in mid-December.

. On December 15, 2019, the first protest site at Shaheen Bagh was set up on the model of “chakka jam”, with Imam as the mastermind.

. Thereafter, to continue with the protests 24/7, mobilise women and children, engineer attacks on police personnel, and incite violence, a co-ordination committee was set up in the name of “ Jamia Co-ordination Committee ” (JCC).

. As per the prosecution case, JCC was the brainchild of Umar Khalid and Nadeem Khan and included Students Islamic Organization, Pinjra Tod, SFI and other student organizations.

. December 2019 a "beta version" of the "carnage" of February 2020 Charsheet by Delhi Police . Calling December 2019 a "beta version" of the "carnage" of February 2020, Delhi Police has asserted that in February 2020, the focus shifted to North-East Delhi due to its unique economic, social and demographic matrix, which was more vulnerable and dispensable.

. A "Jamia Awareness Campaign Team" was also set up to spread misinformation and instigate Muslims of Muslim majority areas.

. Ultimately, all groups culminated into the Delhi Protest Solidarity (Support) Group [ DPSG ].

. Execution of conspiracy

. In view of the visit of US President Donald Trump, a meeting was held by the conspirators on the intervening night of February 16/17 at Chand Bagh.

. In this meeting, it was decided and agreed that a coordinated blockade of traffic on roads/ chakka jaam would be carried out on February 23, post which all the protest site members would adopt violent measures to escalate the protests.

. While JCC started prepping for chakka jaam and inciting violence, DPSG remained privy to all the decisions.

. Consequently, on February 23, the conspirators from various protest sides, in a coordinated manner moved from the protest sides and completely blocked the traffic on main roads.

. The conspirators, thereafter, executed attacks on police personnel and non-Muslims and caused extensive damage to government and private property by arson, vandalizing and other means. Fire-arms, petrol bombs, acid attack, sharp-edged weapons, iron roads, sticks, stone-pelting through large-sized sling shots and other means were used to attack and kill police personnel, government employees and public personnel, the chargesheet states.

. A petrol pump was set ablaze and access to essential services was also blocked.

. As per the Delhi Police, their case is corroborated by the statements of protected witnesses under Section 164 of the Code of Criminal Procedure (CrPC).The conspirators, thereafter, executed attacks on police personnel and non-Muslims

. The conspirators, thereafter, executed attacks on police personnel and non-Muslims Chargesheet . Conspiracy to commit unlawful activities

. Delhi Police has claimed that there was a conspiracy to commit unlawful activities under the strict stipulations of Sections 2(o) and 15 of the UAPA.

. It is alleged that the accused persons conspired to cause disruption of such an extent and such a magnitude that would lead to disorderliness and disturbance of law and order at an unprecedented scale. The day was chosen on the basis that there could have been no greater international embarrassment for the Government of India than to have a communal riot in the national capital at the time of the visit of a US President, the chargesheet states.

. These acts, as per Delhi Police, were done to threaten the unity of India, and to strike terror in the people by use of firearms etc. Funds were raised for the same, invoking Sections 15 to 18 UAPA.

. The "end objective" of the all the conspirators was to uproot a lawfully elected government by sheer use of engineered, vicious and visceral communal violence, the chargesheet claims.

. As per the prosecution, between December 1, 2019 to February 26, 2020, a total of Rs 1,61,33,703 was received by Ishrat Jahan, Khalid Saifi, Tahir Hussain, Shafa-Ur-Rehman and Meeran Haider either through bank accounts or cash for managing the protest sites and executing the conspiracy hatched for the riots.

. Ishrat Jahan, a leading female face of mass mobilization Chargsheet . Accused Tahir Hussain is said to have used a web of dummy companies to convert money into cash for the purposes of running the protests, mobilising people for riots, and procuring material for the riots.

. As per Delhi Police, DPSG was created to mask the protests with a secular façade, and to provide a mass base and a more acceptable civil society participation.

. DPSG group was formed by Rahul Roy and Saba Dewan on Whatsapp in December 2019. Apart from JCC, Pinjra Tod etc, the DPSG WhatsApp group had members of the civil society, activists lawyers etc.

. DPSG and its constituents were either physically present at protest sites or supervised them remotely.

. In one of the messages sent on the group, Rahul Roy, after due deliberation and agreement with Prof Apoorvanand , is said to have stated that there was a need to change the course of the protests and that there was a need to engage in “collaborative community activity”, which as per police meant "chakka jaam ".

. During the course of the investigation, notice under Section 43F UAPA was also issued to BJP politician Kapil Mishra.

. In July, Mishra was asked to join the investigation and was examined at length about his visit to the North-East district. A video from the visit was tweeted by Mishra on February 23.

. Mishra has claimed that he visited Maujpur chowk in his personal capacity to resolve the issues that were being faced due to the blockades.

He said that he did not give any "speech", but merely asked the police to open the roads in three days, failing which he would sit in protest.

. As per the Delhi Police, post the riots, the conspirators feared being exposed, and thus the conversation on the DPSG moved to shifting the blame by creating a false narrative.

. It is also asserted that the conspirators threatened the whistle-blowers.

. As an instance, the chargesheet refers to messages on the DPSG group on a complaint being filed against Kapil Mishra for promoting enmity and committing riots in Jafrabad.

. Members of Pinjra Tod were part of a WhatsApp group called 'Warriors'. The aim of the group was to mobilize women in the North-East area, the chargesheet says.

. The accused members and other members of Pinjra Tod oragnized nukkad natak and candle marches in Seelampur/Jafrabad.

. After two unsuccessful attempts, a 24/7 protest site was finally created at Madina Masjid, Seelampur as part of a pre-planned conspiracy, the Delhi Police has claimed.

. Later, on February 22, women at the Seelampur protest site were mobilized and moved to occupy the Jafrabad Metro station.

. Delhi Police has asserted that chats were deleted by the accused.

. Delhi Police also claimed 21,93,29,050 (Rupees Twenty One crore Ninety Three lakhs Twenty Nine Thousand and Fifty) towards riot vicitms as per the chargesheet.

. Earlier this month, Umar Khalid was arrested by the Delhi Police in the case. After an initial remand of 10 days, Khalid was sent to judicial custody till October 22.

.[Breaking] Delhi Court sends Umar Khalid to judicial custody till October 22 in connection with Delhi riots case. Delhi Police is likely to file supplementary chargesheets in the case.

. Investigation with respect to Sharjeel Imam's allegedly instigating speeches, December violence at Jamia Millia Islamia etc are being investigated separately by the Delhi Police.

Anti-CAA protests, conspiracy to uproot elected government, chakka-jaam: Dissecting Delhi Police's 2,600+ page chargesheet on Delhi riots

Aditi Singh

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