Supreme Court hears bail pleas by Umar Khalid, Sharjeel Imam, others in Delhi Riots case [LIVE UPDATES]

Khurshid: my case is stronger than the case of those persons who were granted bail. I was not part of the WhatsApp group. I don’t have a single FIR against me…

Khurshid: There’s some money received by the petitioner here. The worst allegation is 8 lakhs, saying that it was used to look after the protest site. But no recovery, no evidence of transfer… a protest site being supported is not an illegal. If the protest is non violent. There is no FIR against me anywhere in Delhi including in Jamia.

Khurshid: The essence of conspiracy is the agreement to do an illegal act… direct evidence of conspiracy is not possible. From the events that happen, conspiracy has to be extrapolated. Direct evidence of agreement is not available. But to assume that there is an agreement and thereby to include everyone… when there is no overt act. The need for an overt act is necessary.

Senior Advocate Salman Khurshid appears for Shifa-ur-Rehman

Dave concludes his arguments.

Dave: I am not there in DPSG group. I was arrested and in custody before the riots began. There has to be some outcome, some speech that says that within so and so days commit this act. 6 years of custody as an under trial, in a conspiracy case, given the voluminous nature, given the time for trial, I am only asking for bail. As a citizen, I have a hope. 6 years is a long period for somebody who is under trial. In the end, two lines of a poet by Faiz Ahmed Faiz, when he was in custody” “Dil naumeeed nahi, na Kamyab hai.. lambi hogi gham ki shaam, magar shaam hi toh hai”

Dave: They say the speech has led to a conspiracy. The role to me is only of these speeches. If these speeches had led to the riots, I would have been prosecuted for the riots. 750 FIRs, but I was not prosecuted in any of them. Because I was not physically present. In his speeches, he says, “You take the beating, don’t attack”. 4.5 years of prosecution for giving these speeches. How does a conspiracy alone to cause riots invite section 15?

Dave: Now I will read the bad part of his speeches.

“Humein sadko ko jam karna hoga…humare paas Jamia mea 10000 ladke hai wo kya kar sakte hai… 9 baje ke aas paas ek aadmi aaya aur patthar marna shuru kiya… Delhi band karna hai taaki awaam ko inconvenience ho… yahan highway blocked hai. 5 lakh log humare paas ho toh hum north east ko India se cut off kar sakte hai. Assam ko katna humari zimmedaari hai. Humko Assam ka rasta fauj ke liye band karna hoga. Chicken neck area musalmaano ka hai…”

“You must not pick up stones”- Imam heard saying in recorded speeches played in Court by Dave.

More videos of speeches played in court.

Imam’s speeches played in Court:

“Constitutionality is not burning structures, not killing people, alright, but at least we can disrupt… we do not have to use guns, bullets, we do not have to be violent, we are ready to get beaten, not beat…”

Justice Kumar: Please read your speech in AMU.

Dave: I will read the good things too.

Justice Kumar: Okay, we will hear the good things first.

Dave: NIA can investigate only scheduled offences. No other. Offences which threaten the sovereignty and integrity have been entrusted to the NIA. Not the local police. When the blast happened near the Red Fort, the NIA jumped in to investigate. But in this case, they say my offence was grave, speeches were egregious, etc, but no entrustment to the NIA. Unlike counsel on my side, I am not throwing anyone under the bus. But I am saying that those who were physically present, part of the WhatsApp group, part of the meeting, they have been granted bail. And I am here only for my speeches.

Justice Kumar: He’s admitting in the earlier speech of 22nd Jan…

Dave reads “whatever has been happening since the last 6 months is a direct attack on Muslims”

Dave: These are only excerpts. I am granted bail for giving these speeches.

Justice Kumar: You admitted to the 22nd Jan speech about Chakka Jaam. “Friday night ko halka fulka violence hua tha jis mein mera bhi chashma toota”

Dave: There was some shoving, etc. I am already prosecuted for these. my speeches can’t be conspiratorial in nature. The premier investigation agency for UAPA is NIA. They have a right of refusal over investigating a UAPA offence. Police officer registering case under UAPA has to give it to the State. State has to give it to the Centre. Then Centre depending on gravity of offence decides whether NIA should investigate.

Dave: After 4.5 years I got bail for the speeches.

Justice Kumar asks Dave to read Imam’s speeches in Asansol.

Dave reads “Hum hisaab lenge sarkaar se”

Dave: There’s legislation in the parliament. Some of his speeches are unpalatable. It could have been better worded. It could have remained within the four corners of law. Should not have done it. But today he is standing asking for bail after 6 years in custody. He is not physically present or an accused in any of the cases where the riots actually took place. He’s going everywhere and giving speeches.

Justice Kumar: Come to the 23 Jan, 2023 speech

Dave: Since much has been said about me inciting people, I would like to show something from the Facebook post in the counter affidavit. “Sharjeel Imam under the tutelage of top conspirator Umar Khalid” - written on the top of the page. Dave reads the Facebook post from the counter affidavit by Delhi Police that speaks about non violent protests, saying the protests were hijacked by political parties.

Dave: I then left the city, I was arrested from Bihar.

Dave reads Sharjeel’s speech regarding cutting off Assam from India and saying Chicken Neck belongs to Muslims

Dave: Allahabad High Court has already granted bail for this speech.

Dave: The charge is not whether my speech individually is falling foul of section 15 of UAPA In the actual riots cases where 750 FIRs were filed, section 15 is not invoked. This is conspiracy to commit that offence where I am not named in 750 FIRs. We have to see whether the speeches were conspiratorial in nature. And if not then section 15 goes. In the trial for the speech, I have been enlarged on bail. Where I gave the speech, where the FIR is registered, I am already enlarged on bail. The order which dismissed my bail (dave reads a trial court order rejecting Imam’s bail where it has noted that Imam did not ask people to pick up weapons etc) - it has been held that I made no call to pick up any weapons. I am being prosecuted not twice not thrice, but may be 8-10 times for the speeches I have given.

Sr. Adv. Siddhartha Dave appearing for Sharjeel Imam continues arguments.

Dave: On the last occasion I had submitted about the FIR registered in Jan 2020 in which I was taken into custody. This January I will complete 6 years in custody. Whichever way the matter is to be looked at… on merits or not on merits. The custody period of 6 years, not participated, no role in the actual riots. Persons who were actually involved or even in conspiracy, they have been enlarged on bail. On the grounds of parity, custody period and on the ground of the fact that my speeches are being tried on separate cases altogether.

Counsel states Umar Khalid has moved the trial court seeking interim bail for attending his sister’s wedding.

Counsel: I just wanted to inform. Such bail has been granted before as well.

Hearing starts.