2020 Delhi riots larger conspiracy case: Police relied upon older rioting FIRs, no terrorism charges made out, argues Tahir Hussain

“Confessional statements (by others allegedly complicit successful the crime) are not admissible successful instrumentality nether the UAPA. The agencies ne'er recognize this. If they did, the statements of witnesses would not marque up specified a ample information of their chargesheets,” advocator Mohan argued. He stated that nary of the organisations the Delhi Police Special Cell, which is investigating the case, mentioned successful its chargesheets were classified arsenic violent organisations.

“They person made an apprehension specified a casual thing. They prime up whoever they like, whenever they like,” Mohan said. The counsel besides said a idiosyncratic named “Mike”, who was made a witnesser by the prosecution, knew beforehand that the riots would instrumentality spot and that helium was “privy to the offence”. He besides said “Mike” should beryllium booked for intentionally omitting accusation astir the offence.

As per the prosecution, the riots were the effect of a months-long “deep-rooted” conspiracy allegedly hatched aft the Citizenship Amendment Bill got a motion from the Union Cabinet successful December 2019. According to the Delhi Police Special Cell, assorted organisations, specified arsenic Pinjra Tod, Students Islamic Organisation (SIO) of India, and Students’ Federation of India (SFI), were progressive successful this alleged conspiracy. The Jamia Coordination Committee (JCC) was besides cardinal to this alleged conspiracy, arsenic per the police.

The “conspiracy” was the alleged instauration of 23 protestation sites, which operated 24×7 successful “Muslim bulk areas” adjacent to mosques and main roads. The Special Cell alleged that earlier the riots of February 2020, a “replica” of the riots took spot successful December 2019 with “similar characters and modus operandi”.

Besides Hussain, the 17 different accused successful this lawsuit are Umar Khalid, Khalid Saifi, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Devangana Kalita, Natasha Narwal, Ishrat Jahan, Faizan Khan, Safoora Zargar and Asif Iqbal Tanha. Of the 18 accused, six — Kalita, Narwal, Ishrat Jahan, Faizan Khan, Zargar, and Tanha — are retired connected bail.

While the larger conspiracy lawsuit is being heard successful the tribunal of ASJ Bajpai, implicit 750 cases of rioting, arson, and unlawful assembly related to the 2020 Northeast Delhi riots are being heard successful the tribunal of Additional Sessions Judge Pulastya Pramachala.