Delhi Riots Case: Prosecution Opposes Bail Pleas Of Umar Khalid And Others, Produces Chat Messages And Video Footages Pointing To Role In Engineering Riots

The Delhi police today (Feb 2) opposed the bail application of former JNU student Umar Khalid and six others before a court here that, alleging that they conspired to incite violence and planned attack on police officials during 2020 riots in the national capital, legal news portal Lawbeat reported.

Special public prosecutor Amit Prasad made four-hour long arguments before a Delhi Court of Amitabh Rawat, Additional Sessions Judge (Karkardooma District) in the case.

The prosecutor argued that the 2020 Delhi riots were pre-planned conspiracy allegedly perpetrated at behest of Umar Khalid, Khalid Saifi, Sharjeel Imam, Safoora Zargar, Devangana Kalita, Natasha Badhwar and others.

The prosecution also showed Additional Session Judge Amitabh Rawat the footage captured on CCTV cameras installed at Chand Bagh areas in northeast Delhi on February 24, 2020, and the chats of accused persons in a WhatsApp group 'Delhi Protests Support Group (DPSG)'.

He pointed to a meeting that took place at “Chand Bagh” on 15th and 16th January and that there are statement under section 164, Code of Criminal Procedure (before the magistrate) which have deposed - “Dande, Patthar, Lall Mirch, Tezaab ikkathey kiye gaye” (Lathi’s, Red Chilli, Acid and stones collected).

He said that there was rhyme or reason for collecting these supplies if the meeting was conducted in order to pan out a “peaceful protest”.

The prosecutor also showed a number of whatsapp chats to suggest that there was one person “Owais” who consistently talked about the issue of Violence which was allegedly being planned.

In one of his chats on the DPSG group, he said that there is an “irresponsible behaviour” and local people are being thrown under the bus.

Further to this, it is amply clear, Prasad said, that these supplies of Red chillies, lathis and stones were being collated because another whatsapp text on the group by Owais is highlighting the unfortunate violent angle the protests were taking.

The prosecutor highlighted that there was pre-planned mobilisation at behest of the organisers of the “protests” in order to perpetuate violence and that this was evident from not only the statement recorded under section 164 by various witnesses, but also by the CCTVV footage which showed that there are heavy mobilization of people in the Chand Bagh area lanes.

CCTV footage filed in the Chargesheet and supplementary chargesheet pointed to the said, pre-mediated and large-scale mobilization, he said.

Further to this, the prosecutor said that according to the statement, one person had told the Magistrate, “ladies and gents were handed over lathi’s, stones, gavel etc”.

To further substantiate this, the prosecutor told Court that Umar Khalid had told one, “Gul” - “Sarkar musalmano ke khilaaf hai, bhashan se kaam nahi chalega, khoon bahana padega (The government is against Muslims, speech alone won't do, blood has to be shed)".

The prosecutor showcased the alleged involvement of the co-conspirators and highlighted more Whatsapp messages on the DPSG group “Aag lagwane ki poori tayyari hai (We are entirely ready to light a fire)”.

The prosecution further told the court that the accused were stocking up on acid, sticks, and red chilli, and sticks were distributed to create violence. Khalid and other accused persons have denied allegations of their involvement in the riots.

This, the prosector submitted, was obviously a trailblazer to suggest the violent tendencies that were attributed the “protests”.

Further to this, the prosecutor pointed out another message by Khalid Saifi on Whatsapp which said there is a complaint which has been filed against Kapil Mishra.

The prosecutor submitted that this was a way of deflecting to put blame on him, where in fact it is clear from chat logs that Jaffrabad Violence was planned, perpetuated by the others who were on the DPSG group.

According to the prosecution, the mobilisation of people was done at behest of distributed incharges at the protest site. At Jaffrabad, Devangana Kalita was the “incharge” and a statement by one “William” suggested that 10 buses were arranged and 250 women and children were mobilised to go to Jantar Mantar.

William said he met Umar Khalid there who said that Jehangirpuri has many Bangladeshi’s & they should be ‘educated’ about CAA/NRC.

He added that no local women were part of “protests”.

“Women mobilised and whatsapp chats very telling to establish this,” he said.

“Devangana Kalita, Safoora Zargar, others mobilised crowds. Protest not “organic” or but well thought out & violence pre-planned,” Prasad added.

Interestingly, the Prosecutor also submitted that there was a statement before the magistrate which said that Jahnvi, Natasha, Umar Khalid and Tabrez were involved in a larger conspiracy connected with Delhi Riots.

He also added that one Owais, was the only man on the group who was against the violence as made out from the WhatsApp chats.

“Statement before Magistrate says “burqa clad” women were mobilised & Pinja Tod members mobilised, no locals present,” Prasad said.

The prosecutor also showed a CCTV footage to substantiate collection of lathis and mobilisation in Chand Bagh Area on 24 February 2020.

Following this, the prosecutor showed Court a message on the Whatsapp Group DPSG by one Advocate Tanvir Anas, in which he said “there is a concerted plan”.

“He is legal advisor. When we say its a concerted plan to violence, police becomes bad but when your own book says so, no problem?” said the Prosecutor.

The prosecutor added that after the news spread that a constable from Delhi police had been killed in the ensuing violence, multiple calls were made between the alleged co-conspirators.

“At 4.44 pm, after news of Delhi Jaffrabad maujpur violence broke out suggesting Constable died after ensuing violence, Umar Khalid Called Natasha Narwal who is the “incharge” of this site. This is a twelve minute call at 5.02 PM” he said.

He added, “When riots, bomb blasts happen, everyone perpetrating starts calling each other. There are long calls on the face of it”.

Following this, the Prosecutor stated that there was immense flurry of calls between multiple persons and that there was causation for disappearance of evidence.

"They created multiple counter narratives to hide their perpetration of violence. Kapil Mishra narrative, police inaction narrative and Bhim Army narrative is the backup plan to pin blame," the prosecutor said.

"First they say there is police inaction then they paralyse the system, block roads and say we need ambulances. They also say police did lathi charge and on the other side they say there is need to pressure with respect to 'police inaction'" he added.

The first arrest happened on 5 March and on 11 March “Mariya Salim says lets delete the group and reconvene on Signal", said the prosecutor.

If dont have anything to hide, why need to delete” he added.

“A message by Rahul Roy says “each person needs to delete messages individually” the prosecutor added.

“Message by Yogendra Yadav shows meeting did happen in ISI and there is an attendance sheet to keep track of who all attended the meeting. Where is the peaceful protest here? What is the irresponsible behaviour hes talking about in this message?" Prasad said.

“Harsh Mander’s message on Peace Committee group says “need Non Muslim” young people ok every protest site," he said.

"Now who is doing Muslim and non-Muslim? When Chargesheet says this, Investigating Officer becomes Communal” the prosecutor asked the Court.