New Delhi: On Friday, the Delhi High Court issued notice in Umar Khalid’s appeal against a trial court ruling denying him bail in an Unlawful Activities (Prevention) Act (UAPA) case brought against him in connection with the February 2020 Delhi Riots.
Khalid’s remark delivered at Amravati, on the basis of which the case was brought against him, was “obnoxious and inciteful,” according to the Bench of Justices Siddharth Mridul and Rajnish Bhatnagar.
Senior Advocate Trideep Pais, who spoke on behalf of Khalid, contended that his client was not even present in Delhi at the time of the alleged crime. When asked what charges had been filed against him, his attorney stated that the charges had not yet been formulated.
“So what are you accused of?” asked the Bench.
Pais replied
“There is just one speech. The police went to TV channels requesting for that speech. Channels tell them that they received it from a politician…special court didn’t even give a finding that this speech is provocative.”
Pais then took the Court through the speech delivered by Khalid. Mid-way through this exercise, the Bench asked,
“These expressions being used, don’t you think they incite people? You don’t think “jab aapke purvaj angrezo ki dalali kar rahe the” (when your ancestors were slaves of the British) is offensive?
It gives the impression that only one community was fighting against the British. Did Gandhiji ever employ such language? Did Bhagat Singh ever employ this? Is this what Gandhiji told us?”
The Bench further inquired whether freedom of speech applied to such statements and whether Section 153A of the Indian Penal Code (IPC) was invoked (creating hatred between different groups on the basis of religion, race, or other factors).
“We are not surprised that the FIR is premised on this part of the speech…Prima facie this is not acceptable. This is not acceptable in four corners of democracy and free speech.” the Bench said.
Pais then argued,
“If this is obnoxious speech, so be it. That is not why I am here. I am here on allegations of terror.”
The Bench went on to issue notice in the appeal against the order rejecting bail. Special Public Prosecutor Amit Prasad accepted notice on behalf of the prosecution. On Pais’ request for the shortest date, the Bench said,
“We will give you the shortest date, we don’t want to keep it pending for long.”
The matter will be heard next on April 27.
Khalid was denied bail by the Karkardooma Court on March 24. Additional Sessions Judge Amitabh Rawat found he was part of the WhatsApp groups created for specific objects. His acts or presence throughout the period beginning from the passing of the Citizenship Amendment Bill in December 2019 till the riots of February 2020 riots had to read in a piecemeal manner, the Court had held.
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