Bail plea in larger conspiracy case in Delhi riots: Khalid, Haider say prosecution conflating protests to riots, question basis of arrest

Khalid and Haider have been in jail for over four years.

Making a case of parity citing the bail granted to activists Natasha Narwal and Devangana (Kalita), also accused in the larger conspiracy case, senior advocate Trideep Pais, on behalf of Khalid, submitted that the “allegations are based on hearsay” and that he is not “part of any recovery, any violence”.

“Natasha and Devangana take part in purported “secret meetings” and are out on bail,” submitted Pais as he disputed the nature of the so-called “secret meetings”. He highlighted that none of the witnesses called the said meetings to be secret and the photos of the meeting were shared on Facebook as well.

“There is no violence alleged as a direct result of the meeting. I’m not part of any FIR in that area either,” said Pais while pointing out that the only overt act on Khalid’s part was a speech he had given at Amravati in Maharashtra. “I was thousands of miles away from Delhi… It is a speech invoking Gandhian principles of non-violence, saying that we should protest against this law (CAA/NRC),” he submitted.

Questioning the rationale of selectively arraigning the accused in the case of larger conspiracy pertaining to the riots, Pais said, “While many attended meetings…what is the point of making us accused and not them (others who attended such meetings)?”

Haider, through his advocate Shri Singh, pointed out, “They (prosecution) conflate protests to riots and then they conflate organisation (organising) to protests. So, if I’m part of the organising committee of these WhatsApp groups (it is conflated as protesting)… In a (CrPC section) 164 statement, protest has been struck off with (the word) “danga” (rioting). This is the quality of evidence. One word that would turn everything around has been cut off and edited. This is the nature of material qua me”.

“They said I was part of speeches… (what I said was) that the law is unconstitutional, there are historical figures and data, etc…According to them (prosecution), there are two secret meetings that were held…I’m not present in either of these meetings,” Singh further submitted.

Addressing the allegation that Haider’s attempts at de-escalation on February 24, 2020 “was merely a smokescreen”, Singh pointed out that the only evidence to support the said claim was that the accused “received three phone calls during this de-escalation”.

“There is no recovery — chilli powder, hockey sticks etc — which they allegedly found from others… I’m not present on any of the rioting sites between February 20-27, 2020… None of the witnesses take my name,” Singh emphasised.

The court has now kept this batch of bail pleas for further consideration on December 12 when the prosecution is expected to argue their case. Two other bail pleas by Sharjeel Imam and Shadab Ahmed who also want to argue on the merits of the case along with the grounds of delay of trial, were expected to be heard on December 12. But it is now expected to be adjourned.