New Delhi: Activist Umar Khalid’s lawyer told the Delhi High Court on Thursday that merely being part of WhatsApp groups should not be used to assign criminality to him. He accused the police of equating protests and meetings with terrorism while arguing for bail in a case under the Unlawful Activities (Prevention) Act (UAPA) linked to the February 2020 Delhi riots, reported the Hindustan Times.
Senior advocate Trideep Pais, representing Khalid, presented his arguments before a bench comprising Justices Navin Chawla and Shalinder Kaur, as reported by PTI. The bail pleas of other co-accused, including Sharjeel Imam, are still pending in the high court, with the next hearing scheduled for March 4.
Opposing the prosecution’s assertion that Khalid created “communal” WhatsApp groups to mobilize and instigate students for a “disruptive” chakka jam (blockade), Pais stated that his client was not even an active participant in those groups.
“I have been added to the groups. I have not posted a single message. I am not even chatting. I have been roped in by somebody. Merely being in a group is not an indicator of any criminal wrong,” Pais argued.
He further contended that the UAPA charges were not applicable, stating, “They are equating protest and attending a meeting to terror.” Referring to co-accused Devangana Kalita and others, Pais pointed out that despite facing more serious allegations, they were granted bail.
Pais also highlighted Khalid’s prolonged incarceration, noting that he had spent 4.5 years in jail without charges being framed. “(There are) 800 witnesses and (the case has been pending for) five years. Charges are yet to be framed,” he said.
Opposing the bail plea, Delhi Police argued that speeches by Khalid, Sharjeel Imam, and others instilled fear, citing references to the Citizenship Amendment Act (CAA), Babri Mosque, triple talaq, and Kashmir. They also pointed to witness statements alleging that the accused were not just protest organizers but had used WhatsApp groups to orchestrate violence.
Umar Khalid was arrested by Delhi Police in September 2020 in connection with the February 2020 riots, which resulted in 53 deaths and over 700 injuries. The violence erupted amid protests against the CAA and National Register of Citizens (NRC). Khalid has challenged the trial court’s decision to deny him bail for the second time.
With 751 FIRs registered in connection with the riots, the case continues to be a significant legal battle.
