Additional Sessions Judge Pulastya Pramachala delivered this verdict on December 3 in FIR 101/2020 registered at Police Station Khajuri Khas. A copy of the order is awaited.

 Both Khalid and Saifi have been on bail in the FIR. However, they continue to remain in judicial custody in the UAPA case alleging a larger conspiracy behind the riots.

This FIR was registered under sections 109, 114, 147, 148, 149, 153-A, 186, 212, 353, 395, 427, 435, 436, 452, 454, 505, 34 and 120-B of IPC along with sections 3 and 4 of Prevention of Damage to Public Property Act and section 25 and 27 of Arms Act.

The case was registered on the basis of statement of a constable wherein it was stated that a large crowd had gathered near Chand Bagh Pulia on February 24, 2020 and started pelting stones.

It had been alleged that while the police official went to a nearby parking lot to save himself, the mob broke the shutter of the parking lot and thrashed people present inside and also set the vehicles on fire. The case was thereafter transferred to the Crime Branch on February 28, 2020.

According to the prosecution, former Aam Aadmi Party councillor Tahir Hussain’s building was used by the alleged rioters for “brick batting, stone pelting, pelting of petrol bombs and acid bombs”. It was also alleged that the said material was found lying on the third floor and rooftop of the building.

Though Umar was not part of the mob, he and Khalid were accused of criminal conspiracy in the case.

While granting bail to Umar Khalid in the FIR, the court held that he cannot be permitted to remain behind bars on the basis of sketchy material against him. Noting that the investigation in the case was complete and chargesheet had also been filed, the court also observed that he “cannot be made to incarcerate in jail for infinity merely on account of the fact that other persons who were part of the riotous mob have to be identified and arrested in the matter.”

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A sessions court in Delhi has dismissed applications filed by Delhi Police seeking permission to handcuff Umar Khalid and Khalid Saifi while producing them before the court for trial. The Assistant Sessions Judge, Karkardooma, Vinod Yadav held that neither of the accused are gangsters, nor are they previous convicts, and the applications appear to have been filed without application of mind.

During the April 22 hearing, the court had called the application to be completely bereft of the reason(s), prompting the senior police officer(s) to take a decision to move such application(s). The court had thus directed the DCP (Special Cell) as well as Jail Superintendent to communicate the reasons for moving such applications before the court.

The Jail Superintendent of Mandoli Jail where Khalid Saifi is lodged mentioned that it is not a high risk jail, and has no high risk cells or barracks. The Jail Superintendent of Tihar jail where Umar Khalid is lodged mentioned that producing accused in handcuffs does not come under jurisdiction of jail administration. The DCP Special Cell filed a response stating that no such application to present in handcuffs has been moved by him before any court. 

On the other hand, DCP, 3rd BN justified that the application moved as there was attempt made by armed assailants to free an undertrial prisoners Kuldeep on March 25 and hence, it was decided to request the court for permission to handcuff high risk prisoners who are prone to escape or attempts may be made to free them.

The court, after perusing the responses held that the material on the basis of which the applications were filed is devoid of merits.

“The Delhi Prison Rules are silent about the handcuffing and putting fetters upon the prisoners. The accused persons, who are sought to be produced in fetters and handcuffs are admittedly not previous convicts. They are not even gangsters. The applications appear to have been filed in a mechanical manner, without application of mind by the high echelon of Delhi Police and prison authority,” the court observed.

Further, the court pointed out that in view of fresh Covid protocols the accused persons are not required to be produced before the court physically hence, these applications are not required. The court, thus, dismissed the applications.

On April 15, Dr. Umar Khalid was granted bail by ASJ Yadav in the Delhi violence case after noting that he cannot be incarcerated on the basis of sketchy material. However, he remains in jail under stringent UAPA charges for being part of a larger conspiracy in the north east Delhi violence case of 2020.

The order may be read here:

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The two applications filed by In-charge, Lock-Up, before the Karkardooma District Courts, Delhi, seeking to produce jailed human rights activists Khalid Saifi and Umar Khalid in handcuffs in both hands from back side, as they are “high-risk prisoners” have been deemed “bereft of any reasons”.

Bar & Bench reported that the Additional Sessions Judge Vinod Yadav said, “The instant applications are completely bereft of the reason(s), prompting the senior police officer(s) to take a decision to move such application(s). For want of material/reason(s) in respect of the applications in question, this Court is at a loss to consider the grant of prayer(s) in these applications.”

In this view of the matter, the court directed the DCP (Special Cell) who is dealing with the investigation of case FIR No.59/2020, PS Crime Branch (UAPA case against Khalid Saifi and Umar) to communicate the reasons for moving such applications before the District Court.

ASJ Vinod said, “In this view of the matter, let report(s) be called from DCP (Special Cell), who is dealing with the investigation of case FIR No.59/2020, PS Crime Branch and DCP, 3rd BN, DAP to communicate the reasons for moving such application(s) before this Court. The report be also called from Superintendent Jail concerned on these applications.”

The court asked the Public Prosecutor, Manoj Chaudhary about the applications and the meaning of high-risk prisoners and whether it is defined in any jail manual, Punjab Police Rules or the circular(s) issued by Delhi Police. Bar & Bench quoted the court saying, “The learned Special PP submits that he was not aware of the instant applications and as such, he could not take instructions in the matter.”

On April 15, Dr. Umar Khalid was granted bail by ASJ Yadav in the Delhi violence case after noting that he cannot be incarcerated on the basis of sketchy material. However, he remains in jail under stringent UAPA charges for being part of a larger conspiracy in the north east Delhi violence case of 2020.

Interestingly, according to a B&B report, the Delhi Police have moved the Supreme Court urging for the relaxation of the prohibition on handcuffing of prisoners during transit amid the Covid pandemic. The Police’s application reportedly states that there is a greater risk of viral transmission if the officers hold the prisoners’ hands during these times but if they are handcuffed, the police personnel escorting them can hold them from a distance, thereby ensuring safe distancing.

The matter will be heard on May 6.

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A Delhi Court, on Wednesday granted bail to United Against Hate member Khalid Saifi in the February 2020 North East Delhi communal violence case. Justice Vinod Yadav directed him to furnish a bail bond of Rs.20,000/- and instal Aarogya Setu App in his mobile phone.

Special Public Prosecutor Mr. Manoj Chaudhary represented the State and Senior Advocate Rebecca John, Bhavook Chauhan, Rajat Kumar, Harsh Bora, Pravita Kashyap, Tushar Yadav and Syed Atif appeared for applicant Khalid in State v Khalid Saifi (Bail Application No. 1460 of 2020).

Additional Sessions Judge Yadav remarked, “In my humble opinion, chargesheeting the applicant in this case on the basis of such an insignificant material is total non-application of mind by the police which goes to the extent of vindictiveness.” This remark was based on the oral evidence relied on by the Delhi Police to claim Saifi’s involvement in a larger conspiracy of the riots in February.

The witness had told the Delhi Police that he had seen Saifi drop Tahir Hussain (principal accused) outside a building on February 27 and thereafter had seen Saifi and Umar Khalid going into the building. On the basis of this statement, the ASJ said, “I fail to understand from the aforesaid statement how a lofty claim of conspiracy can be inferred.”

“The statement of PW (principal witness) is yet to be tested on the touchstone of evidence”, he added.

The court noted that Tahir Hussain was accused in 10 different cases, so if he was moved or actuated by the applicant Saifi in any manner in a meeting dated January 8, 2020, then he should have been made a co-accused with Tahir in the ten other cases also which is not the case. “I do not find any rationale in the act of police in involving the applicant in this solitary case for the offence of conspiracy”, ASJ asserted.

The court also observed that Khalid Saifi was neither present at the scene of crime on the day of the clash, nor was there any video evidence to support this claim. Further, no independent witness or any police witness has identified the applicant to be present at the scene of crime. The court noted, “Prima facie, the applicant appears to have been roped in the matter merely on the basis of his own disclosure statement and disclosure statement of co-accused Tahir Hussain.”

Charges against Khalid Saifi

He was initially arrested on February 26 in case FIR No.44/2020, Police Station Jagatpuri. Thereafter, he was formally arrested on March 21 in case FIR No.59/2020 (investigated by Special Cell) and thereafter on June 6 he was formally arrested in this present case.

The said FIR was for offences relating to unlawful assembly, rioting, destruction of public and private properties at Khajuri Khas, inciting communal violence, conspiracy, mischief by fire or explosive substances, dacoity, possession of arms under the relevant sections of the Indian Penal Code, Arms Act and Prevention of Damage to Public Property Act.

While recognising that the investigation is complete and the chargesheet has been filed, the court noted that the applicant cannot be incarcerated in jail “for infinity merely on account of the fact that other persons who were part of the riotous mob have to be identified and arrested in the matter.”

Finding no substance and material in the prosecution’s case, the court allowed the bail application.

The order may be read here: 

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The Karkardooma Court of Northeast Delhi granted bail to former Congress councilor Ishrat Jahan and three others who were arrested from an anti-Citizenship Amendment Act (CAA) protest site at Khureji Khas in February.

However, activist Khalid Saifi’s bail application was dismissed. The bail orders came late and the court cited that he could not get bail due to pending investigation against him.

Surprisingly though, during this while, the special branch of the Delhi police filed another case against both, Saifi and Jahan stating that they were the masterminds of the Delhi communal riots that took place in February. Both were then produced before the Patiala House Court without the presence of a lawyer post which a Special Cell of the police decided to remand them to a custody of six days.

In light of this, United against Hate put out a statement condemning the false charges invoked against Khalid Saifi and Ishrat Jahan and demanded their immediate release. The organization has also demanded that an independent investigation team under the guidance of the Delhi High Court be instituted to probe into the Delhi violence.

The Jagatpuri police had arrested Saifi on February 26 and brutally tortured him at the police station. Due to this, he suffered a fracture in his leg and is now moving around in a wheelchair. He is a diabetic and now his health is deteriorating day by day. Even then, the Delhi police is accusing Saifi of lying saying that if he was hurt why he didn’t say so during his first court appearance. However, the fact is that Saifi’s first appearance in court was not in the court room, but at the parking lot of the premises where lawyers were not allowed entry.

In its statement, United against Hate has said that the Delhi police is avoiding nabbing the right-wing extremist elements who perpetrated the violence in Delhi during February 23 – February 25 and falsely implicating social and human rights activists in these cases.

Their statement read, “We oppose such false, offensive and fake actions of the Delhi Police, because due to this the real culprits are still being allowed to roam free while people who work for the betterment of the society are being ill-treated.”

“At a time when the country is going through a severe health crisis, when people are being prevented from going to public places and the courts are working at minimum capacity, it is shameful to see that at such a time too, human rights and social workers are being wrongly arrested by the police and not even being provided adequate judicial facilities for their protection,” the statement added.

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