Activist Umar Khalid, who is in jail in the 2020 Delhi riots case, told the High Court on Thursday that merely being part of a WhatsApp group cannot be considered as proof of criminal activity, reported Bar and Bench.
"Merely being in a group is not any indication of anything wrong, in this case I have not even said anything," Umar Khalid's legal counsel told the court.
"I only shared the location of a protest site when someone asked for it. Someone sent me a message. If someone chooses to inform me, it is not attributable to me. Anyway, there was no criminality in the message," he stated, as quoted by Bar and Bench
Senior advocate Trideep Pais was reacting to the Delhi Police's referring to Umar Khalid's participation in a WhatsApp group as evidence of criminal conspiracy.
"Posting messages regarding how the protest will be organised have not been attributed to me by the star witness. I sent only 5 messages, I have replied to messages asking location of protest, a message to de-escalate...I have not posted a single message regarding any mobilisation, no allegation comes on me from the chats. I have not said anything, I have been roped in," Pais stated while countering allegations put forth by the Delhi police against Khalid.
The court noted that Khalid was not a part of the Jamia awareness WhatsApp group, and the statements recorded by witnesses that Khalid had created the group were mere rumours.
Pais requested bail on the ground of Khalid's prolonged incarceration as an undertrial.
In addition to Khalid's prolonged detention, Pais argued that the delayed trial and the validity of the charges must also be taken into account.
It was pointed out that Khalid is seeking similar treatment to his four co-accused, all of whom have been granted bail.
"On parity, I have a strong case. I was not in Khureji, Devangana was there and she was given bail. Natasha, Devangana and Asif Iqbal Tanha have more role attributed to them and they have been given bail," Pais told the court, quoted by Bar and Bench.
The court will continue hearing arguments on March 4.
Case Background
Umar Khalid was arrested in September 2020 in connection with the clashes that broke out in North East Delhi in February 2020 between supporters of the contentious Citizenship Amendment Act and those opposing it. The riots left 53 people dead.
Khalid and several other activists have been booked for offences under the Unlawful Activities Prevention Act, the Indian Penal Code, Prevention of Damage to Public Property Act and the Arms Act.
