Delhi Riots: HC Questions Police Over UAPA Charges In 2020 Case

The Delhi High Court on Wednesday raised critical questions regarding the applicability of the Unlawful Activities (Prevention) Act (UAPA) in connection with the 2020 Delhi riots case. The court sought clarification from the Delhi Police on whether the mere act of organizing protest sites could attract UAPA charges.

The division bench, comprising Justices Navin Chawla and Shalinder Kaur, is hearing the bail pleas of Umar Khalid, Sharjeel Imam, and others, who have been charge-sheeted under UAPA for their alleged role in a larger conspiracy behind the riots.

Addressing Special Public Prosecutor (SPP) Amit Prasad, the court asked, “Is organizing a protest site good enough to attract UAPA?” The bench further questioned, “Is it your case that only setting up a protest site is enough for UAPA, or did those protest sites result in violence? But the most important thing is intent under UAPA, which has to be established.”

SPP Prasad argued that the accused were involved in a deep-rooted conspiracy to instigate violence. He highlighted alleged conspiratorial meetings, WhatsApp group discussions, and a planned "chakka jam" at the Jafrabad metro station as evidence. Prasad added, “There was a conspiracy. As part of it, a chakka jam was organized at Jafrabad metro station.”

The bench sought specific evidence linking the accused to acts of violence, stating, “Why we’ve been asking you all this is that, when it comes to the specific material… that this man, this is what you have against him; this is why you are saying that he (the accused) was actually instigating violence, rather than having a protest.”

Prasad presented details of a meeting on February 17, 2020, at Chand Bagh, where locals reportedly opposed any violence. He cited a WhatsApp message from Owais Sultan Khan, stating, “Violence nahi karne denge tumhe aur tumhare dosto ko (We won’t let you and your friends commit violence).” According to Prasad, no other member of the group opposed violence.

He further submitted evidence of the violence that erupted on February 24, 2020, including CCTV footage showing mobs armed with "dandas and swords" and women in burqas leading an attack on police officers. Prasad said, “It was discussed in the WhatsApp groups to keep women in front, and the same is transpired from the CCTV footage.”

Referring to the role of the accused, the SPP alleged funding for protests, conspiratorial planning, and the conversion of white money to black money by Tahir Hussain. He cited protests against the Citizenship Amendment Bill (CAB) and said, “The Shaheen Bagh protest site was masterminded by Sharjeel Imam and others.”

Quoting a message from Sharjeel Imam, Prasad submitted, “Main 200 ladke lekar baitha hun. RWA wale ladna chahte hain to lad len. 200 ladke JNU se bulva lunga (I am sitting with 200 boys, if RWA people want to fight, let them. We will bring 200 men from JNU as well).”

Prasad argued that the Shaheen Bagh protests were not organic, stating, “Women were asked to come from outside, Jahangirpuri. All this has come on record.”

The court adjourned the hearing, listing the matter for further arguments on Thursday.

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