Former Aam Aadmi Party (AAP) councillor Tahir Hussain and 17 others successful the lawsuit person been charged nether stringent provisions of the UAPA.
Arguing earlier a Delhi tribunal successful the larger conspiracy lawsuit linked to the 2020 Northeast Delhi riots, erstwhile Aam Aadmi Party (AAP) councillor Tahir Hussain pointed retired connected Friday that the WhatsApp chats relied upon by the prosecuting bureau bash not instruct anyone to prime up weapons oregon indulge successful violence.
Only ‘chakka jam’ and peaceful protests were mentioned successful the chats relied upon by the Delhi Police Special Cell which is investigating the case, the counsel said. The tribunal of Additional Sessions Judge Sameer Bajpai was proceeding arguments connected framing charges successful the lawsuit pertaining to the February 2020 riots.
“Nowhere successful the WhatsApp messages is it mentioned that we should prime up weapons against the Government of India oregon its agencies,” argued Advocate Rajiv Mohan, representing Hussain.
Hussain and 17 others successful the lawsuit person been charged nether stringent provisions of the UAPA. Of the 18 accused arrested successful this case, six are connected bail and 12 are inactive successful judicial custody.
Mohan, who was accompanied by advocates Tara Narula, Rishabh Bhati, Shivangi Sharma, Sonal Sarda and Ilma Khan, said, “Chakka jaam is not a violent act…is gathering radical and protesting besides a violent enactment arsenic per the agency?,” helium added.
The chats are portion of the grounds relied upon by the Special Cell on with CCTV footage and statements of witnesses. As per the prosecution, the 2020 Northeast Delhi 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.
“What is the communal conspiracy successful this case? First, the bureau has to marque that clear. Which offence is being committed by the accused persons?,” Mohan sought to know.
“For the idiosyncratic enactment done by the idiosyncratic attending the protest, the constabulary person already registered the FIR and a chargesheet… Until and unless immoderate constituent shows that immoderate equipped rebellion oregon insurgency was promoted, the UAPA (Unlawful Activities Prevention Act) cannot beryllium invoked,” helium said.
“The protests were confined against the Citizenship Amendment Bill. The mode a assemblage reacts to a Bill is simply a antithetic issue… It can’t beryllium held that it’s a protestation against the Government of India,” Mohan argued.
As per the Special Cell, the “conspiracy” successful this lawsuit was the alleged instauration of 23 protestation sites that operated “24×7 successful Muslim bulk areas” adjacent to mosques and main roads. The prosecution besides alleged that earlier the riots of February 2020, a “replica” of the riots took spot successful December 2019 with “similar characters and modus operandi”. Over 700 radical were injured and 50 succumbed to decease during the 2020 riots.