Northeast Delhi riots: HC reserves judgment in Khalid Saifi’s bail plea

John submitted that there were no messages exchanged by her client and Sharjeel Imam and the reliance of police on the messages exchanged between members of the Muslim students of Jamia WhatsApp group where Saifi is not a member and the private chat between Imam and another person has nothing to do with Saifi.

“Do I have control over those messages? How are they (police) stretching these arguments, that too against somebody who is incarcerated,” John said.

On the argument of police that Saifi was discharged by the trial court in another matter pertaining to the riots not because there was no evidence against him but because he was accused in the UAPA case, John submitted that this is not a discharge which can be considered insignificant.

Referring to alleged speeches made by her client which police said are “inflammatory and provocative”, John submitted that she, as Saifi’s counsel, has read through the transcript of all the “speeches” made by him and as his counsel, made a statement that none are provocative.

On the argument of police that Saifi had sent a message saying Khureji protest site has the potential of being the next Shaheen Bagh, John argued, “If I (Saifi) want to say Khureji (protest site) has the potential to be next Shaheen Bagh, is that an offence under UAPA? How crazy can we get? I know we live in crazy times but is that an offence under UAPA?”

With respect to the police argument that if Saifi was a victim of custodial torture, then he could have sought other remedies and that there was a complaint lodged with the National Human Rights Commission on the alleged incident, John said, “I (Saifi) did not make any complaint with the NHRC against police atrocity… however, wasn’t it incumbent on them to conduct a police enquiry after I was brought to court like that (in a wheelchair)..”

John, in the previous hearing, submitted CCTV footage showing Saifi was not injured when he was arrested to counter the argument that he was hit during stone pelting at the Khureji protest site.

She submitted on Monday, “Where was the stone pelting, based on which police said I was injured? I have suffered in custody and my MLC is on record. Most of us (lawyers) are appearing pro bono. I (Saifi) am a man who has had enough. I dedicated two months to this protest and now I’m in custody for the next three years. In the middle, you take control of my body and beat me black. There is nothing more I can do; to expect an accused to file a case to prove custodial torture is an impossibility”.

Concluding her arguments, John said her client’s case was not one where challenges of bail cannot be met even under the UAPA. “To conclude, in whichever way you look at it, the evidence against Khalid Saifi is dubious.”

There are three FIRs registered by police against Saifi and he has been granted bail in two.

Saifi is currently in jail in the FIR by the Special Cell against him and other accused persons. These include Gulfisha Fatima, Sharjeel Imam, Meeran Haider, Mohammad Saleem Khan and Shifa Ur Rehman. They have been booked under UAPA and IPC provisions for allegedly being “masterminds” of the 2020 riots.