A Court has discharged student activist Umar Khalid and UAH member Khalid Saifi in a 2020 Delhi Riots' case. Khalid and Saifi were already on bail in the FIR, but had been in judicial custody under Unlawful Activities (Prevention) Act (UAPA) charges. The order was pronounced by ASJ Pulastya Pramachala. Detailed copy of the order is yet to come.
While granting bail to Umar Khalid in the FIR, the court had said that he cannot be permitted to remain behind bars on the basis of sketchy material against him. Noting that the investigation in the case was complete and chargesheet had also been filed, the court had observed that he "cannot be made to incarcerate in jail for infinity merely on account of the fact that other persons who were part of the riotous mob have to be identified and arrested in the matter."
The FIR was registered on the basis of the statement of a constable, who said that a large crowd had gathered near Chand Bagh Pulia on February 24, 2020, and had started pelting stones.
It was alleged that while the police official went to a nearby parking lot to save himself, the mob broke the shutter of the parking lot and thrashed people present inside and also set the vehicles on fire. The case was thereafter transferred to the Crime Branch on February 28, 2020.
Both Khalid and Saifi were booked under sections 109, 114, 147, 148, 149, 153-A, 186, 212, 353, 395, 427, 435, 436, 452, 454, 505, 34 and 120-B of IPC along with sections 3 and 4 of Prevention of Damage to Public Property Act and section 25 and 27 of Arms Act.
As per the prosecution, former Aam Aadmi Party councillor Tahir Hussain's building was used by the alleged rioters for "brick batting, stone pelting, pelting of petrol bombs and acid bombs". It was also alleged that the said material was found lying on the building's third floor and rooftop.
Though Khalid was not part of the mob, he and Saifi were accused of criminal conspiracy in the case.
