Northeast Delhi riots: HC special bench begins hearing bail pleas of Khalid Saifi, other accused

On Monday, the bench started hearing the bail appeal of United Against Hate member Khalid Saifi. Saifi is currently in jail, booked under FIR 59/2020 lodged by the special cell of the Delhi Police against him and other accused persons, including Gulfisha Fatima, Sharjeel Imam, Meeran Haider, Mohammad Saleem Khan and Shifa Ur Rehman. State’s appeal against bail granted to former Congress councillor Ishrat Jahan is also listed before this bench.

Appearing for Saifi, senior advocate Rebecca John said at the outset that she will be addressing each allegation in the chargesheet against Saifi as well as the findings made by the trial court which denied him bail.

John submitted that there are three FIRs registered by the Delhi Police against Saifi, where he has been granted bail in two. John further argued that the Delhi Police-prosecution cannot rely on the chats of the Delhi Protest Support Group (DPSG) WhatsApp group for furthering its case. She said the prosecution has to take the case in its totality, they have to show “how much I (Saifi) have contributed” to the group.

With respect to the “CAB” WhatsApp group, John submitted that there was nothing in the group to show that Saifi said something seditious. She further said CAB pledges unity and commitment to the Constitution, and that the trial court gave an incorrect finding that Saifi was involved in any unlawful activity.

Adjourning the matter to Friday, the bench asked Special Public Prosecutor Amit Prasad, appearing for the Delhi Police, to place on record an electronic copy of the chargesheet.

Saifi, Khalid, Imam and several others have been booked under the Unlawful Activities (Prevention) Act (UAPA), and provisions of the Indian Penal Code for allegedly being the “masterminds” of the February 2020 riots, which erupted during the anti-CAA and NRC protests in the city. As of Monday, Saifi has been in custody for over 995 days.

Last month, the bench rejected the bail appeal of activist Umar Khalid, who was also booked by the Delhi Police in FIR 59/2020.

Earlier this year, a trial court granted bail to Ishrat Jahan, noting that “as per the chargesheet and statement of witnesses, accused Ishrat Jahan is not the one who created the idea of chakka jam”. “She is also not a member of any organisation or incriminating WhatsApp group which plays a role in the entire conspiracy. She is not a member of Muslim Students of JNU (WhatsApp group), or Jamia Coordination Committee or any of the four WhatsApp groups created by JCC, or Pinjra Tod, Students of Jamia, AAJMI or DPSG,” it said.