Counsel for Khalid denied the accusation that he was the “mastermind” of the Delhi Riots and that women were placed at the forefront as a shield during the riots.
The Delhi Police on Wednesday opposed the bail plea of activist Umar Khalid, arguing that his contention of being subjected to a media trial does not hold water as his father gave interviews to the media [Umar Khalid v. State].
Special Public Prosecutor Amit Prasad told Special Judge Sameer Bajpai that influential social media handles such as those of Teesta Setalvad, Aakar Patel and Amnesty International amplified a “narrative” against his incarceration.
“Similar exercise is being adopted while applicant’s bails are being listed to influence his bail hearings, samples of post on X (earlier Twitter) with hashtag about applicant,” said Prasad.
Apart from Setalvad, Patel and Amnesty International, Prasad named Swati Chaturvedi and Kaushik Raj as those who had shared similar posts.
After the Delhi Police completed its arguments, Senior Advocate Trideep Pais began his rebuttal and differentiated how this time around, it was essential to examine the bail plea in the light of the orders passed by the Supreme Court in the cases of Vernon Gonsalves and Shoma Sen.
Pais referred to the apex court’s observations with respect to Call Data Records (CDR) and how evidence now had to be analysed at the stage of bail — thereby buttressing his plea of change in circumstances.
He said that the trial court and the Delhi High Court, while rejecting his client’s bail plea, had only done a “surface analysis” of the evidence to check the probative value.
Pais referred to the conspiracy charge against Khalid on the basis of his purported meeting with co-accused Tahir Hussain and Khalid Saifi on a particular day and the prosecution relying on witnesses and a CDR to build its case.
“I’m in disbelief that the public prosecutor said CDR has to be proved at trial….A ‘flurry of calls’ allegation is based on that. I haven’t heard anything as absurd. Now document shows they never met at the date and time mentioned. This very witnesses in a connected FIR has been disbelieved and discharged,” stated Pais.
“There is no credible case of conspiracy,” Pais went on to argue.
The senior lawyer countered the accusation that Khalid was the “mastermind” of the Delhi Riots and that women, who were stated to be Bangladeshi, were placed at the forefront as a shield during the riots.
“Has a single woman spoken that I came from Bangladesh and I was made to sit here?” he asked.
Arguments will continue on April 24.
Khalid was arrested in September 2020 on charges of criminal conspiracy, rioting, unlawful assembly and several other offences under the Unlawful Activities (Prevention) Act (UAPA). He has been in jail since then.
A Karkardooma court denied bail to Khalid in March 2022. He then approached the High Court, which also denied him relief in October 2022, prompting him to file an appeal before the top court.
In May 2023, the Supreme Court sought the response of the Delhi Police in the matter. His plea before the top court was then adjourned 14 times.