New Delhi [India], March 4 (ANI): Larger Conspiracy of Delhi Riots 2020 accused Abdul Khalid Saifi’s asked the High Court can innocuous messages be a ground of denial of bail or can be ground to prosecute him for Conspiracy.
A division bench, headed by Justice Naveen Chawla, after hearing the arguements on bail plea for Abdul Khalid Saifi, adjourned the matter till March 25.
Senior advocate Rebecca John argued for Abdul Khalid Saifi and submitted that Saifi has been in custody since March 2020. “There is a delay in the trial. She is making rebuttal arguments.”
“Can innocuous message in WhatsApp group be a ground for denial of bail or to Prosecute him for Conspiracy under UAPA,” senior advocate asked the court.
She further argued that Saifi has been in incarceration for a long period since March 2020, there is a delay in trial, and it has not commenced yet.
On the other hand, some other accused are already on bail in this case, she added. Saifi’s case for grant of bail is made out on the ground of parity, counsel argued.
She also referred to the judgement of Supreme Court in case of Manish Sisodia and submitted that the delay in trial is a ground for grant of bail.
Earlier, a Senior advocate had submitted that there are more than 700 cases. This case of larger Conspiracy is stand-alone. There are separate cases against every individual.
It was submitted that Abdul Saifi was discharged on December 3, 2020, in a riot case, and the order was not challenged. Two more cases are pending against him.
Senior advocate John had submitted that “there is a delay caused by the Delhi police. It filed one charge sheet and four supplementary charge sheets. With every charge sheet they arrayed new accused and copy were supplied to each accused. There are 897 prosecution witnesses in the larger Conspiracy case.”
Senior advocate further submitted that there is a parity of Abdul Saifi with accused Natasha, Devangana and Asif Iqbal Tanha.
It was submitted that it is alleged that Abdul Saifi organised the Khureji protest site. Khureji protest site was not the site of violence, she added.
“I (Saifi) was associated with UAH. There were no riots at the protest site. The role given to two women and gentlemen was much higher than me,” the Senior advocate submitted.
There was no recovery of any weapon. Saifi was mercilessly beaten by the police, she added.
It is alleged that the Khajuri protest site had the potential to become the Shahin Bagh of east Delhi.
Ironically, the Master mind has not been arrested, and the people relied upon have not been arrested.
“Much delay was caused by the police by filing a supplementary charge sheet. Any accused in custody has any gain by delay the trial. My right to bail and speedy trial has been infringed,” the senior advocate submitted. (ANI)
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