A Delhi Court on Thursday dismissed the bail plea of Umar Khalid, an accused in the northeast Delhi violence larger conspiracy case.
Former Jawaharlal Nehru University (JNU) student leader, Khalid was arrested on 13 September 2020 under sections of the Unlawful Activities Prevention Act (UAPA). Karkardooma court had reserved the order on March 3.
The order was to be pronounced on 14 March. It was deferred for non-filing of written arguments by the lawyer of Umar Khalid.
Additional sessions judge Amitabh Rawat dismissed the bail plea on Thursday.
Special Public Prosecutor (SPP) Amit Prasad had stated that in the case of conspiracy, the wholesome conduct of the accused has to be seen. There are multiple chats and other evidence is there. He also submitted that there is adequate material on record against the accused.
He had submitted on the specific question asked by the court on Umar Khalid’s speech at Amaravati, that the permission for the program was rejected on 11 February 2020 by the Maharashtra police.
Again on 12 February, another application was filed by an office-bearer of the Welfare Party of India mentioning six dignitaries, except Umar Khalid.
The father of the accused is the national president of the party. Permission was given only for six people, despite this Umar Khalid went there and gave a speech on 17 February.
An FIR was lodged in this regard for not obeying the order, argued the SPP.
Senior Advocate Tridip Pais the counsel for the accused rebutted saying that the said order and FIR were illegal because there cannot be restrictions on the right to speech. There are no such restrictions in the Maharashtra Police Act.
He argued that Umar Khalid was not named as accused of the said FIR registered in the Amaravati matter. Nothing happened after the speech. The prosecution can not it call it an act of terror because he gave a speech there.
“Prosecution is making a mockery of prosecution of UAPA.”
He also argued that the ‘Bharat tere tukde honge’ remark was not attributed to Khalid in charge sheet filed in the JNU case 2016. But this time the prosecution has attributed the remark to him.
This case is related to the larger conspiracy of northeast Delhi riots in which 53 people died and hundreds had got injured.
Delhi police had lodged a larger conspiracy case naming Umar Khalid, Sharjeel Imam, Gulfisha Fatima including others.