Delhi riots: Umar Khalid says UAPA case ‘will fall flat’ over weak evidence

His counsel Pais contended that the case would collapse during trial as the chargesheet was based almost entirely on statements of protected witnesses

Jawaharlal Nehru University (JNU) student activist Umar Khalid on Friday told a Delhi court that the Unlawful Activities (Prevention) Act (UAPA) case against him would “fall flat” as the Delhi Police had relied on witness statements recorded nearly a year after his arrest instead of producing cogent evidence.

The submissions were made by Khalid’s lawyer, senior advocate Trideep Pais, before additional sessions judge Sameer Bajpai at Karkardooma courts, which is hearing the northeast Delhi riots larger conspiracy case on the point of framing of charges. (Representational image)

The submissions were made by Khalid’s lawyer, senior advocate Trideep Pais, before additional sessions judge Sameer Bajpai at Karkardooma courts, which is hearing the northeast Delhi riots larger conspiracy case on the point of framing of charges.

“Usually, in terror cases, there are boxes of evidence,” Pais argued, “but here, there are witnesses who come out of the woodwork and belatedly name me as being part of a conspiratorial meeting a year after my arrest simply to portray a favourable case for them.”

Pais contended that the case would collapse during trial as the chargesheet was based almost entirely on statements of protected witnesses. “You (prosecution) can catch hold of anyone after 11 months after the event and get them to say anything and that is a UAPA case…the case of the prosecution is that they do not need evidence, they need statements,” he submitted.

The counsel further argued that there was no physical evidence linking Khalid to any violent incident and no recovery of arms from him. “Those who have created the WhatsApp groups planning the chakka jams have been made witnesses instead of accused and I, who never exhorted violence and spoke of peaceful protest, have been jailed,” Pais told the court.

The hearing was adjourned to October 28.

In a previous hearing last week, Khalid’s counsel had questioned why the Delhi Police had not made other social activists and like-minded civil rights organisations accused in the conspiracy case, even though they were part of the same WhatsApp groups that allegedly triggered the riots.

Pais had argued that four WhatsApp groups were at the centre of the alleged conspiracy and had several members. Yet, despite Khalid neither creating these groups nor organising any protest through them, he was named an accused while others with “equal, if not a larger role”, remained free.

The defence also alleged that Delhi Police had “poached” one of the witnesses in the case — co-accused Tahir Hussain’s driver, Rahul Kasana — to testify against Khalid, claiming to have seen him attend a secret meeting at the Popular Front of India’s (PFI) Shaheen Bagh office along with United Against Hate founder Khalid Saifi a few days before his arrest.