Bail plea of Umar Khalid 'rightly dismissed': Cops

Update: 2022-04-26 19:26 GMT

new delhi: The Delhi Police has opposed before the Delhi High Court a plea of former JNU student Umar Khalid seeking bail in a case under the stringent UAPA for alleged conspiracy behind the 2020 riots in Delhi, saying the narratives sought to be created by him cannot be looked into as his defence at the this stage.

In its reply filed to the plea which challenges the rejection of Khalid's bail application by the trial court, the police stated that the trial court has "rightly dismissed" Khalid's plea for release by a "well-reasoned order" which suffers from no illegality.

"It is most respectfully submitted that the appeal raises no good grounds for consideration by this hon'ble court and thus the same be dismissed, in the interest of justice," stated the reply filed through special public prosecutor Amit Prasad.

"At the stage of bail, the narratives sought to be created by the Appellant cannot be looked into as his defence. The Appellant before the Ld. Trial Court raised ipse dixit arguments seeking to conduct a mini trial at the stage of deciding the bail application and to view the appellant's role in isolation in the case of conspiracy which is impermissible in law," it added.

In the reply, the Delhi Police further claimed that the length and breadth of the conspiracy and role played by different entities, WhatsApp groups and individuals in pursuance to the conspiracy behind the riots would be clearly demonstrated by the trial court orders rejecting bail to the other co-accused in the case.

The police also sought the court's permission to rely on the underlying material from the chargesheets to oppose the bail plea.

It also said it "strongly refutes the allegation that the prosecution has dropped any allegation as is contained in the chargesheet" against Khalid or any of other co-conspirators.

Khalid and several others have been booked under the anti-terror law in the case for being the "masterminds" of the February 2020 riots, which had left 53 people dead and over 700 injured.

The violence had erupted during the protests against the Citizenship Amendment Act and the National Register of Citizens.

Khalid sought bail in the case on the ground that he was not present when the violence broke out, no money was recovered from him and the case is based on cooked up statements.

Last week, the high court had granted three days' time to the Delhi Police to file its short reply to the bail application filed in the case and listed the case for further hearing on April 27.

The court had held that Khalid's speech given in Amravati in February 2020, which formed the basis of the case against him, was obnoxious, prima facie not acceptable and that certain statements in the speech were "offensive per se".

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