2020 riots ‘larger conspiracy’ case: Delhi HC to rule on bail for 10 accused today; what were they charged with?

Twelve of them are still in jail. Currently, the case is at the stage of arguments on charge.

The FIR was lodged on March 6, 2020. Five chargesheets were filed between September 16, 2020, and June 7, 2023.

According to the Special Cell, the riots were the result of a months-long “deep-rooted” conspiracy allegedly hatched after the Citizenship Amendment Bill was approved by the Cabinet in December 2019. The “conspiracy” here involves the creation of 23 protest sites (which operated 24×7) in “Muslim-majority areas” close to mosques and main roads.

The accused persons, claimed the Special Cell, wanted to “escalate” the protest to a chakka jam “once critical mass is generated, when the then US President Donald Trump visited Delhi in 2020. Their goal, as per the Special Cell, was to spread communal violence.

To prove their case, the anti-terror unit relied mainly on WhatsApp chats where the protests are allegedly being planned; CCTV footage where some of the accused can be seen destroying property; and statements of protected witnesses who outlined the involvement of the accused persons in the “conspiracy”.

Chats from WhatsApp groups named Muslim Students of JNU (MSJ), Jamia Coordination Committee (JCC), and Delhi Protest Support Group (DPSG) find multiple mentions in the chargesheet.

The accused have argued for bail on various grounds — mainly inconsistencies in the statements of protected witnesses, delay in the trial and long period of incarceration, non-recovery of weapons, protest being a fundamental right, and parity with other persons out on bail.

The Indian Express went through multiple chargesheets, bail orders, and court documents to ascertain the allegations against those still in prison:

Umar Khalid

Arrested in September 2020

The Special Cell named him the “mastermind” behind the riots.

As per a protected witness statement, Umar allegedly told the other co-accused persons during a “secret meeting” that they were “ready to instigate riots if needed”.

Another witness, whose statement the agency has relied upon, alleged Umar had asked some persons to collect acid, glass bottles, stones, sticks, and chilli powder, and said the “anti-Muslim” government must be overthrown. “We have to give blood, and, for this, chakka jam is the only option we have to bring this present government to its knees,” Umar had allegedly said, as per the statement of a protected witness.

What he argued: Umar had argued that not a single statement by witnesses relied on by the prosecution attracted a terrorism charge against him and that nothing had been seized from him. He had also argued that others who were facing graver allegations than him were out on bail and that those who were allegedly involved in similar activities had not even been named as the accused by the Delhi police.

Gulfisha Fatima

Arrested in April 2020

As per the Special Cell, she and her associates allegedly gathered women and blocked roads in multiple areas — including the Jafarabad Metro station and they indulged in incitement of riots due to which violence erupted in Northeast Delhi.

The police claimed Gulfisha played an important role in “spreading the riots by way of road blocks, hate speeches”, and instigated “protesters to be violent, to go to any extent against the other community as well as paramilitary forces”.

What she argued: Gulfisha had argued that she had no actual or active participation in the alleged conspiracy. She had argued for bail on the grounds of parity with the other accused persons who were out on bail.

Sharjeel Imam

Arrested on August 25, 2020

The Special Cell alleged he was in touch with a WhatsApp group, called ‘Students of Jamia’ (SOJ), which it termed “radical and communal”. Both MSJ and SOJ were allegedly distributing pamphlets in various mosques in Delhi. The police considered Sharjeel instrumental in orchestrating chakka jams across the capital. They had alleged that he was one of the kingpins of the “anti-CAA protests” who had mobilised students by giving provocative speeches.

What he argued: Sharjeel had said he was entitled to be released on statutory bail as he had been in custody for four years, while the maximum sentence for the offence under UAPA Section 13 is seven years if convicted. As per Section 436-A of the CrPC, a person can be released from custody if he has spent more than half of the maximum sentence prescribed for the offence.

Shifa Ur Rehman, Khalid Saifi, Meeran Haider

Arrested on April 26, 2020, Rehman had been accused of taking an “active part in the conspiracy of riots under the garb of CAA/NRC protests” to “destabilise the anti-Muslim Indian government”.

Rehman and former AAP councillor Tahir Hussain, along with co-accused Khalid Saifi and Meeran Haider, were allegedly behind spending Rs 1.48 crore to manage the protest sites. Rehman was also accused of funding the “conspiracy” by spending Rs 10,000 daily.

Haider was termed as the organiser of eight protest sites, being a core member privy to the decision of replicating the “Shaheen Bagh model” all across Delhi, and a party to “the financing network which raised resources for the execution of the riots”.

What they argued: Rehman had questioned the delay in the case, stating that he had already been in custody for over five years and that the investigation had been completed. He had also argued that no case under the UAPA or any other penal provision was made out against him. He contended that a ‘peaceful protest’ was a constitutionally protected right and could not be criminalised. Referring to statements of three protected witnesses against him, he said that the evidence merely pointed to participation in protests and meetings, and not to any unlawful activity.

Saifi had argued that he was entitled to bail on parity and that the trial, in which there are 897 witnesses, would begin after a long time. He had further said that protests cannot be criminalised and that chakka jams were a normal, prevalent practice for which the UAPA cannot be invoked. He also said that protected witnesses who gave statements against him ran contrary to the speeches given by him, which are available in the public domain.

Tasleem Ahmed

He had been accused of gathering local women at the Jafrabad Metro Station and blocking the road there, following which violence started in Northeast Delhi, as per the Special Cell. During the investigation, Ahmed’s name cropped up as one of the conspirators in this case. His name was disclosed by protected witnesses in their statements.

What he argued: Ahmed had argued for bail on the grounds of delay in the trial, stating that he had spent over five years in custody. His counsel, Mehmood Pracha, had submitted before the court that not a single adjournment had been sought by him.

Athar Khan and Shadab Ahmed

They were named as accused in one FIR for being part of the mob that killed head constable Ratan Lal during the riots. They were also named as conspirators in the “larger conspiracy” case. Khan’s name had also cropped up in a case for being part of a mob that looted a showroom.

What was argued: Khan had argued for bail on the grounds of parity with the other co-accused persons who were out on bail.

Md. Saleem Khan

He was termed a key conspirator and accused of participating in multiple meetings in February 2020, where the protests were allegedly planned. According to the Special Cell, Saleem, who had links with various co-accused persons, was also seen destroying CCTV cameras in footage.

What he argued: Saleem raised grounds of parity with other accused and the delay in trial as grounds for bail.