TaxTMI 
TaxTMI 
2021 (6) TMI 1072
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.... judicial custody, having been arrested on 19.05.2020 in case FIR No. 59/2020 dated 06.03.2020 registered under sections 147/148/149/120B Indian Penal Code 1860 ('IPC', for short) at P.S.: Crime Branch ('subject FIR', for short) in connection with the incidents of violence and rioting that occurred in North-East Delhi between 22.02.2020 and 26.02.2020. It may be noted that offences under sections 109/114/124A/153A/186/201/212/295/302/307/341/353/395/419/420/427/435/436/452/454/468/471/34 IPC, sections 3/4 of the Prevention of Damage to Public Property Act, 1984 ('PDPP Act', for short), sections 25/26 of Arms Act, 1959 and sections 13/16/17/18 of the Unlawful Activities (Prevention) Act, 1967 ('UAPA', for short) were subsequently added to the subject FIR. At the time of his arrest in the subject FIR on 19.05.2020, the appellant was already in judicial custody in a different case arising from FIR No. 298/2019 dated 16.12.2019 registered under sections 143/147/148/149/435/427/323/186/353/332/308/341/120B/34 IPC and sections 3/4 of the PDPP Act at P.S.: Jamia Nagar, New Delhi. For completeness it may be mentioned that FIR No. 298/2019 was registered in c....
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....#39;, for short); c) that on 13.12.2019, a protest was held at Gate No. 7 of Jamia University and the appellant, alongwith other co-accused persons, formed the Jamia Co-ordination Committee ('JCC', for short). The JCC was formed to protest against the CAA; d) that on 17.12.2019, a WhatsApp group of the JCC was formed to monitor, control and manage the protest sites in Delhi; and the office of the JCC was set-up in a room at Gate No. 18 of Jamia University; e) that at a meeting of members of the JCC and representatives of another entity called 'Pinjra Tod', it was decided to hold a chakkajam in North-East Delhi (chakkajam being loosely translatable as a form of protest in which protesters cause complete stoppage of vehicles and blockade of roads); f) that as part of the conspiracy, women and children were mobilized to prevent the police from using force against them; g) that for the foregoing purposes, the co-conspirators gave directions to the appellant; and the appellant, alongwith other co-accused persons ratified them; h) that the appellant provided a SIM card to one of the co-accused, in the office of the JCC....
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.... by Jamia and terrorist for protest". 6. The subject charge-sheet dated 16.09.2020 which relates to the appellant is stated to run into some 19000 pages. The portions of the subject charge-sheet that are alleged to contain specific allegations against the appellant, as referred to by the learned Additional Solicitor General appearing for the Delhi Police (Special Cell), are extracted in a separate Annexure to this judgment for ease of reference. Genesis of UAPA 7. The genesis of The Unlawful Activities (Prevention) Act 1967 lies in the recommendations of the Committee on National Integration and Regionalisation set-up by the National Integration Council to look inter alia into the aspect of putting reasonable restrictions on certain freedoms in the interests of the sovereignty and integrity of India. As reflected in the Statement of Objects and Reasons of the UAPA, it was pursuant to the recommendations of the said committee that the Parliament enacted the Constitution (Sixteenth Amendment) Act 1963 to impose reasonable restrictions in the interests of sovereignty and integrity of India on: (i) the freedom of speech and expression; (ii) the right to assem....
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....led the 'State List'; and that the Parliament and the State Legislature have concurrent powers to make laws with respect to matters enumerated in List-III of the Seventh Schedule, called the 'Concurrent List'. In the context of the present matter, what is to be noticed is that the UAPA has been enacted by Parliament and must therefore have been enacted in relation to a matter appearing in Entry 1 and/or Entry 93 of List-I, namely the Union List in the Seventh Schedule of the Constitution since no other legislative subject appears to cover the enactment of the UAPA. Entries 1 and 93 of List-I read as under: [Article 246] List I -- Union List 1. Defence of India and every part thereof including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination to effective demobilisation. * * * * * 93. Offences against laws with respect to any of the matters in this List." 13. It further requires to be noticed that Entry 1 of List-II refers to matters of 'public order', which subject therefore falls within the legislative competence of the State Legislature;....
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....(iii) which causes or is intended to cause disaffection against India; * * * * * " "15. Terrorist act.--(1) Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country,-- (a) by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause -- (i) death of, or injuries to, any person or persons; or (ii) loss of, or damage to, or destruction of, property; or (iii) disruption of any supplies or services essential to the life of the community in India or in any foreign country; or (iii-a) damage to, the monetary stability of India by way of production or smuggling or circulation of high quality counterfeit Indian paper currency, coin or of ....
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.... persons or by a terrorist organisation or by a terrorist gang or by an individual terrorist to commit a terrorist act, notwithstanding whether such funds were actually used or not for commission of such act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. Explanation.--For the purpose of this section,-- (a) participating, organising or directing in any of the acts stated therein shall constitute an offence; (b) raising funds shall include raising or collecting or providing funds through production or smuggling or circulation of high quality counterfeit Indian currency; and (c) raising or collecting or providing funds, in any manner for the benefit of, or, to an individual terrorist, terrorist gang or terrorist organisation for the purpose not specifically covered under Section 15 shall also be construed as an offence. "18. Punishment for conspiracy, etc.--Whoever conspires or attempts to commit, or advocates, abets, advises or incites, directs or knowingly facilitates the commission of, a terrorist act or any act pre....
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....ore than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence. In the case on hand, the High Court seems to have completely overlooked the underlying object of Section 37 that in addition to the limitations provided under the CrPC, or any other law for the time being in force, regulating the grant of bail, its liberal approach in the matter of bail under the NDPS Act is indeed uncalled for." (emphasis supplied) 17. In Union of India vs. Shiv Shanker Kesari (2007) 7 SCC 798, the Hon'ble Supreme Court has said: "7. The expression used in Section 37(1)(b)(ii) is "reasonable grounds". The expression means something more than prima facie grounds. It connotes substantial probable causes for believing that the accused is not guilty of the offence charged and this reasonable belief contemplated in turn points to existence of such facts and circumstances as are sufficient in th....
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.... the existence of such grounds. But the court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty." (emphasis supplied) Bail under Terrorist & Disruptive Activities (Prevention) Act 1987 ('TADA') 18. The Hon'ble Supreme Court has interpreted section 20(8)2 TADA in State of Maharashtra vs. Anand Chintaman Dighe (1990) 1 SCC 397, in the following words: "5. Sub-section (8) of Section 20 of the Act clearly provides that unless the court is satisfied for the reasons to be recorded that there are reasonable grounds to believe that the respondent is not involved in disruptive activities, bail shall ordinarily be refused. Even under the provisions of Sections 437 and 438 of the Code of Criminal Procedure, the powers of the Sessions Judge are not unfettered. The salient principles in granting bail in grave crimes have not been taken note of. * * * * * "7. There are no hard and fast rules regarding grant or refusal of bail, each case has to be considered on its own merits. The matter always calls for judicious exercise of discretion by the court. Where the offence ....
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....ircumvent the authority of the courts invoke the provisions of the TADA Act. This kind of invocation of the provisions of TADA in cases, the facts of which do not warrant, is nothing but sheer misuse and abuse of the Act by the police. Unless, the public prosecutors rise to the occasion and discharge their onerous responsibilities keeping in mind that they are prosecutors on behalf of the public but not the police and unless the Presiding Officers of the Designated Courts discharge their judicial functions keeping in view the fundamental rights particularly of the personal right and liberty of every citizen as enshrined in the Constitution to which they have been assigned the role of sentinel on the qui vive, it cannot be said that the provisions of TADA Act are enforced effectively in consonance with the legislative intendment." (emphasis supplied) Bail under Maharashtra Control of Organised Crime Act 1999 ('MCOCA') 20. Dealing with section 213 MCOCA, which is the bail provision under that statute, in State of Maharashtra vs. Vishwanath Maranna Shetty (2012) 10 SCC 561, the Hon'ble Supreme Court holds: "30. The analysis of the relevant provision....
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....bscond and/or that he would not tamper with the evidence or witnesses. The High Court does not seem to have applied its mind to this aspect at all. It has not adverted to these matters and made no provisions in respect thereof. (emphasis supplied) 22. In Paza Neduraman and Ors. vs. State, a Division Bench of the Madras High Court has said this: "6. The language of sub-section (6) of Sec. 49 of POTA, however, only suggests that a person accused of an offence punishable under this Act (POTA) shall not be released on bail or on his own bond unless the Public Prosecutor is heard by the court. This subsection is also being read by the Prosecution as a repository of the power to grant bail because of the peculiar language thereof which presumes the existence of such a power. The only additional condition added by the subsection is the requirement of giving an opportunity to the Public Prosecutor before the order of release on bail or on bond is passed. Sub-section (7), however, is a departure from the normal rule in the sense that it heightens the burden on the defence. The language suggests that where the Public Prosecutor opposes the bail application, such accused ....
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....ourt that there are reasonable grounds for believing that the accused is "not guilty" of such offence and the satisfaction to be recorded for the purposes of the 1967 Act that there are reasonable grounds for believing that the accusation against such person is "prima facie" true. By its very nature, the expression "prima facie true" would mean that the materials/evidence collated by the investigating agency in reference to the accusation against the accused concerned in the first information report, must prevail until contradicted and overcome or disproved by other evidence, and on the face of it, shows the complicity of such accused in the commission of the stated offence. It must be good and sufficient on its face to establish a given fact or the chain of facts constituting the stated offence, unless rebutted or contradicted. In one sense, the degree of satisfaction is lighter when the Court has to opine that the accusation is "prima facie true", as compared to the opinion of the accused "not guilty" of such offence as required under the other special enactments. In any case, the degree of satisfaction to be recorded by the Court for opining that there are reasonable grounds for....
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.... "26. Be it noted that the special provision, Section 43-D of the 1967 Act, applies right from the stage of registration of FIR for the offences under Chapters IV and VI of the 1967 Act until the conclusion of the trial thereof. To wit, soon after the arrest of the accused on the basis of the FIR registered against him, but before filing of the charge-sheet by the investigating agency; after filing of the first charge-sheet and before the filing of the supplementary or final charge-sheet consequent to further investigation under Section 173(8) CrPC, until framing of the charges or after framing of the charges by the Court and recording of evidence of key witnesses, etc. However, once charges are framed, it would be safe to assume that a very strong suspicion was founded upon the materials before the Court, which prompted the Court to form a presumptive opinion as to the existence of the factual ingredients constituting the offence alleged against the accused, to justify the framing of charge. In that situation, the accused may have to undertake an arduous task to satisfy the Court that despite the framing of charge, the materials presented along with the charge-sheet (repo....
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....agency along with the report under Section 173 CrPC in its entirety, to form its opinion as to whether there are reasonable grounds for believing that the accusation against the named accused is prima facie true or otherwise." (emphasis supplied) 24. Harmonising the power to grant bail on considerations of violation of Part-III of the Constitution with the restrictions imposed by UAPA and explaining that the nature of section 43D(5) UAPA is less stringent than that of section 37 NDPS, in Union of India vs. K.A. Najeeb (2021) 3 SCC 713, a 3-Judge Bench of the Hon'ble Supreme Court says: "17. ...at commencement of proceedings, the courts are expected to appreciate the legislative policy against grant of bail but the rigours of such provisions will melt down where there is no likelihood of trial being completed within a reasonable time and the period of incarceration already undergone has exceeded a substantial part of the prescribed sentence... * * * * * "19. Yet another reason which persuades us to enlarge the Respondent on bail is that Section 43-D(5) of the UAPA is comparatively less stringent than Section 37 of the NDPS Act. Unlike the N....
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....APA; (v) Insofar as the allegations of an offence under section 124A IPC are concerned, it is submitted that serious as these allegations may be, they are still only to be dealt with under the ordinary penal law and do not take the matter into the scope and ambit of UAPA; and therefore section 43D(5) UAPA has no application. 26. To flesh-out his submissions, Mr. Aggarwal has drawn the attention of this court to certain portions of the subject charge-sheet, which portions are essentially the same as those referred to by the learned ASG, which are extracted and discussed below in this judgment. Respondent's Submissions 27. Written Submissions dated 22.03.2021 have been filed on behalf of the respondent/Delhi Police, summarising the arguments made by Mr. Aman Lekhi, learned Additional Solicitor General appearing on their behalf, which are detailed herein below. Dealing with the role of the appellant in the offences alleged, the learned ASG has relied upon certain portions of the subject FIR and the subject charge-sheet, which are extracted as screenshots in Annexure - B to this judgment for ease of reference. (i) That considering the "totality of evidenc....
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.... Special Court to grant bail is not in section 43D(5) UAPA which only places limitations on the grant of bail is referable to section 437 Cr.P.C. since the Special Court is a Court other than the High Court and Court of Sessions. While the power of the High Court and Court of Sessions to grant bail is conferred by section 439 Cr.P.C. which, unlike section 437 Cr.P.C., is unfettered by any conditions or limitations under section 437 Cr.P.C., however, bail cannot be granted "if there appear to be reasonable grounds for believing that an accused is guilty of an offence punishable with death or imprisonment for life". (v) Referring to the observations of the Supreme Court in Martin Burn Ltd. vs. R.N. Banerjee AIR 1958 SC 79, the State has argued that a prima facie case does not mean a case proved to the hilt but a case which can be said to be established if the evidence which is led in support of the same were believed; and that while determining whether a prima facie case has been made-out the relevant consideration is whether on the evidence led it was possible to arrive at the conclusion in question and not whether that was the only conclusion which could be arrived at on t....
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....ubmitted that a perusal of the record will show that the appellant and the other conspirators, by their acts, pursued the same object, often by the same means, one performing one part of the act and the other performing the other part, so as to complete it with a view to attainment of the same object. (x) The State says that even if the objective of the conspiracy did not originate with the appellant or he joined after it was formed, he would even then be as guilty; and whatever may have been said or done by any of the conspirators in pursuance of the common design would be considered to be an act of the appellant. (xi) The State in fact submits that despite the unreliability of hearsay evidence, it is admissible in conspiracy prosecutions and that the rule of admissibility of evidence is relaxed in cases of conspiracy, since the principle of agency is attracted. (xii) Most importantly, it is the case of the prosecution, that the conspiratorial design contemplated something much more dire and malevolent, with repercussions on public tranquility that are far more serious than ordinary forms of political protest. It is further alleged that the chakkajam whi....
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....9, 2067-68 and 2070 of the subject charge-sheet, which portions are extracted as Screenshot 7, 8a-8c, 9a-9b and 10 in Annexure - B. (xvii) The above alleged objective of the JCC is stated to be corroborated by the statements recorded under section 164 Cr.P.C. of the protected witness Bond and James. (xviii) The State contends that the object of JCC, with which the appellant is alleged to have been associated, was aligned with that of Muslim Students of JNU being run by one of the co-accused/co-conspirator; and was to debunk the secular values of the Constitution and to aggravate differences between the communities so as to cause social disharmony and bring out a feeling of disunity. (xix) It is also alleged that the co-conspirators committed themselves to "avoiding over secularisation of movement", for which reference is made to portions of pages 2025 - 26 of the subject charge-sheet, which are extracted as Screenshot 11 in Annexure - B. (xx) It is contended that the pamphlets were inflammatory and incendiary, were deliberately provocative and seditious in content and clearly undermined the State. In this regard the State refers to page 2040 of t....
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....arent from page 2210 of the subject charge-sheet, which portion is extracted as Screenshot 16 in Annexure - B. (xxvi) The State further argues that the appellant was part of the JCC meeting which was held on 22.02.2020 which further shows that his so-called exclusion on 24.01.2020 was "mere trickery to disguise his continued involvement and participation in the conspiracy"; and that he "remained party" to the plan to affect public tranquility by "engineering riots". To support this allegation, the State relies upon the statement of protected witnesses Bond and James which have been extracted as Screenshot 17 and 18 in Annexure - B. (xxvii) It is urged that the fact that the protest planned was "not a typical protest" normal in the political culture or democracy but one far more evil and injurious geared towards extremely grave consequences. To bolster this contention, the State relies upon alleged statements of protected witness Victor (page 1527-1531 of the subject charge-sheet), Silver (page 1542-1545), Ct. Sunil (page 1662-1667), Ct. (GD) Mukesh (page 1681-1682), HC (GD) G. Nallaperumal (page 1682-1684) and Ct. (GD) Srinivas Rao (page 1684-1685), SI. Bheesham R....
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....ther but in its potentiality it may be very different. ..." (xxxi) It is further argued that the same principle was reiterated by the Hon'ble Supreme Court in Giridhari Parmanand Vadhava vs. State of Maharashtra (1996) 11 SCC 179, in the context of what constitutes a terrorist act, where the Hon'ble Supreme Court holds that it is the impact of the crime and its fallout on the society and potentiality of such crime in producing fear in the minds of the people or a section of the people which makes a crime, a terrorist activity under section 3(1) of TADA. (xxxii) Much emphasis was laid by the learned ASG on the word 'likely' being part of section 15, to urge that even presuming that 'intention' is not held to be disclosed on the appellant's part, the 'likelihood' of what section 15 contemplates will attract the provision. It is argued that the word 'likely' means "of such nature or so circumstantial as to make probable". (xxxiii) The State accordingly alleges that the actions of the co-conspirators, including the appellant were (i) premeditated (ii) directed at a wider audience (iii) involved attacks on symbolic t....
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....ise to possible situations that may justify invocation of Article 21"; and that the Hon'ble Supreme Court did not interfere with the order passed by the High Court because of "there being no likelihood of trial being completed within the reasonable time and the period of incarceration already undergone has exceeded a substantial part of the prescribed sentence". It is pointed-out that in State of Maharashtra vs. Abdul Hamid Haji Mohammed (1994) 2 SCC 664, notwithstanding section 19 of TADA providing for an appeal to the Supreme Court from an order passed by the Designated Court, the Hon'ble Supreme Court had yet held that in extreme cases where accusations are ex facie not constituting an offence, power under Article 226 of the Constitution can be invoked but that in the present case the appellant has not chosen to invoke Article 226 of the Constitution. Analysis of section 15 UAPA 28. Before applying the additional conditions engrafted in section 43D(5) UAPA, it would be advisable to first analyse if the allegations against the appellant contained in the subject charge-sheet even prima facie disclose the commission of an offence under sections 15 and 18 of the UAPA. ....
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....errorist' activity does not merely arise by causing disturbance of law and order or of public order. The fall out of the intended activity must be such that it travels beyond the capacity of the ordinary law enforcement agencies to tackle it under the ordinary penal law. Experience has shown us that 'terrorism' is generally an attempt to acquire or maintain power or control by intimidation and causing fear and helplessness in the minds of the people at large or any section thereof and is a totally abnormal phenomenon. What distinguishes 'terrorism' from other forms of violence, therefore, appears to be the deliberate and systematic use of coercive intimidation. More often than not, a hardened criminal today takes advantage of the situation and by wearing the cloak of 'terrorism', aims to achieve for himself acceptability and respectability in the society because unfortunately in the States affected by militancy, a 'terrorist' is projected as a hero by his group and often even by the misguided youth. It is therefore, essential to treat such a criminal and deal with him differently than an ordinary criminal capable of being tried by the ordinary co....
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....s necessary to understand the concept and distinction between "law and order", "public order" and "security of the State", as eloquently explained by Hidayatullah, J. (as the learned Chief Justice then was) of the Hon'ble Supreme Court in Ram Manohar Lohia (Dr) vs. State of Bihar AIR 1966 SC 740: "55. It will thus appear that just as "public order" in the rulings of this Court (earlier cited) was said to comprehend disorders of less gravity than those affecting "security of State", "law and order" also comprehends disorders of less gravity than those affecting "public order". One has to imagine three concentric circles. Law and order represents the largest circle within which is the next circle representing public order and the smallest circle represents security of State. It is then easy to see that an act may affect law and order but not public order just as an act may affect public order but not security of the State.... 34. The Hon'ble Supreme Court in Kartar Singh (supra) observed: "67. In order to ascertain the pith and substance of the impugned enactments, the preamble, Statement of Objects and Reasons, the legal significance and the intendment o....
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..... In all acts of terrorism, it is mainly the psychological element that distinguishes it from other political offences, which are invariably accompanied with violence and disorder. Fear is induced not merely by making civilians the direct targets of violence but also by exposing them to a sense of insecurity. It is in this context that this Court held in Mohd. Iqbal M. Shaikh v. State of Maharashtra [(1998) 4 SCC 494] that: (SCC p. 504, para 7) "[I]t is not possible to give a precise definition of terrorism or to lay down what constitutes terrorism. But ... it may be possible to describe it as use of violence when its most important result is not merely the physical and mental damage of the victim but the prolonged psychological effect it produces or has the potential of producing on the society as a whole. ... if the object of the activity is to disturb harmony of the society or to terrorize people and the society with a view to disturb the even tempo, tranquillity of the society, and a sense of fear and insecurity is created in the minds of a section of the society at large, then it will, undoubtedly, be held to be a terrorist act." * * * * * "8. All th....
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.... resolve is epitomised in POTA." (emphasis supplied) 36. More recently in Yakub Abdul Razak Memon vs. State of Maharashtra through CBI, Bombay (2013) 13 SCC 1, the Hon'ble Supreme Court held: "809. The term "terrorism" is a concept that is commonly and widely used in everyday parlance and is derived from the Latin word "terror" which means the state of intense fear and submission to it. There is no particular form of terror, hence, anything intended to create terror in the minds of general public in order to endanger the lives of the members and damage to public property may be termed as a terrorist act and a manifestation of terrorism. Black's Law Dictionary defines terrorism as: "Terrorism.--The use or threat of violence to intimidate or cause panic, esp. as a means of affecting political conduct." (8th Edn., p. 1512.) "810. Terrorism is a global phenomenon in today's world and India is one of the worst victims of terrorist acts. Terrorism has a long history of being used to achieve political, religious and ideological objectives. Acts of terrorism can range from threats to actual assassinations, kidnappings, airline hijackings, ....
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....fences involve disturbances of public tranquillity and are in theory offences against public order, the difference between them is only one of degree. The Constitution thus requires a line, perhaps only a rough line, to be drawn between the fields of public order or tranquillity and those serious and aggravated forms of public disorder which are calculated to endanger the security of the State. "32. In Supdt., Central Prison v. Dr. Ram Manohar Lohia [ AIR 1960 SC 633] this Court had held that "public order" is synonymous with public safety and tranquillity, and it is the absence of any disorder involving a breach of local significance in contradistinction to national upheavals, such as revolution, civil strife, war, affecting the security of the State. "33. Subsequently, in Ram Manohar Lohia (Dr.) v. State of Bihar [ AIR 1966 SC 740], Hidayatullah, J., held that any contravention of law always affected order, but before it could be said to affect public order, it must affect the community at large. He was of the opinion that offences against "law and order", "public order", and "security of State" are demarcated on the basis of their gravity. The said observation ....
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....he statute within the competence of the State Legislature. (Reference may be made to Charanjit Lal Chowdhury v. Union of India [AIR 1951 SC 41], T.M.A. Pai Foundation v. State of Karnataka [ (2002) 8 SCC 481] and Karnataka Bank Ltd. v. State of A.P. [ (2008) 2 SCC 254])" (emphasis supplied) 39. In the same judgment the Hon'ble Supreme Court has also explained the intention of Legislature in enacting UAPA and has said that UAPA falls under Entry 1 of List-I of the Seventh Schedule of the Constitution: "64. Prior to the 2004 Amendment, UAPA did not contain the provisions to deal with terrorism and terrorist activities. By the 2004 Amendment, new provisions were inserted in UAPA to deal with terrorism and terrorist activities. The Preamble of UAPA was also amended to state that the said Act is enacted to provide for the more effective prevention of certain unlawful activities of individuals and associations, and dealing with terrorist activities and for matters connected therewith. "65. In the 2008 Amendment, the Preamble has again been amended and the amended Preamble now also contains a reference to the Resolution adopted by the Security Counc....
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....nge or threat or likely threat to the sovereignty, security, integrity and unity of India. While Section 15 requires some physical act like use of bombs and other weapons, etc., Section 2(1)(o) takes in its compass even written or spoken words or any other visible representation intended or which supports a challenge to the unity, sovereignty, integrity and security of India. The said offences are related to the defence of India and are covered by Entry 1 of the Union List. "78. Moreover, the meaning of the term "unlawful activity" in MCOCA is altogether different from the meaning of the term "unlawful activity" in UAPA. It is also pertinent to note that MCOCA does not deal with the terrorist organisations which indulge in terrorist activities and similarly, UAPA does not deal with organised gangs or crime syndicate of the kind specifically targeted by MCOCA. Thus, the offence of organised crime under MCOCA and the offence of terrorist act under UAPA operate in different fields and are of different kinds and their essential contents and ingredients are altogether different." (emphasis supplied) 40. Another sacrosanct principle of interpretation of penal p....
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....age. "63. We see that the concepts aforesaid, namely, 'defence of India', 'security of India', 'security of the State' and 'relations of India with foreign powers', which are mentioned in Section 3 of the Act, are not of any great certainty or definiteness. But in the very nature of things they are difficult to define. We cannot therefore strike down these provisions of Section 3 of the Act on the ground of their vagueness and uncertainty. We must, however, utter a word of caution that since the concepts are not defined, undoubtedly because they are not capable of a precise definition, courts must strive to give to those concepts a narrower construction than what the literal words suggest. While construing laws of preventive detention like the National Security Act, care must be taken to restrict their application to as few situations as possible. Indeed, that can well be the unstated premise for upholding the constitutionality of clauses like those in Section 3, which are fraught with grave consequences to personal liberty, if construed liberally. "64. What we have said above in regard to the expressions 'defence of India',....
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....ommunity. The reason for this is that it is vitally necessary to ensure a steady flow of supplies and services which are essential to the community, and if the State has the power to detain persons on the grounds mentioned in Section 3(1) and the other grounds mentioned in Section 3(2), it must also have the power to pass orders of detention on this particular ground. What we propose to do is to hold that no person can be detained with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community unless, by a law, order or notification made or published fairly in advance, the supplies and services, the maintenance of which is regarded as essential to the community and in respect of which the order of detention is proposed to be passed, are made known appropriately, to the public." (emphasis supplied) 42. In Sanjay Dutt vs. State through CBI (II) (1994) 5 SCC 410, a 5-Judge Constitution Bench of the Hon'ble Supreme Court cites with approval its decision in Niranjan Singh Karam Singh Punjabi vs. Jitendra Bhimraj Bijjaya (1990) 4 SCC 76, and says: "17. ... Applying the settled rule of cons....
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....ench of the Hon'ble Supreme Court says: "23. Interpretation clauses contained in Sections 2(d), 2(e) and 2(f) are interrelated. An "organised crime syndicate" refers to an "organised crime" which in turn refers to "continuing unlawful activity". As at present advised, it may not be necessary for us to consider as to whether the words "or other unlawful means" contained in Section 2(e) should be read "ejusdem generis"/"noscitur a sociis" with the words (i) violence, (ii) threat of violence, (iii) intimidation, or (iv) coercion. We may, however, notice that the word "violence" has been used only in Sections 146 and 153-A of the Penal Code, 1860. The word "intimidation" alone has not been used therein but only Section 506 occurring in Chapter XXII thereof refers to "criminal intimidation". The word "coercion" finds place only in the Contract Act. If the words "unlawful means" are to be widely construed as including any or other unlawful means, having regard to the provisions contained in Sections 400, 401 and 413 IPC relating to commission of offences of cheating or criminal breach of trust, the provisions of the said Act can be applied, which prima facie, does not appear....
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.... to problems made manifest by experience and that its discriminations are based on adequate grounds; (d) that the legislature is free to recognise degrees of harm and may confine its restrictions to those cases where the need is deemed to be the clearest; (e) that in order to sustain the presumption of constitutionality the court may take into consideration matters of common knowledge, matters of common report, the history of the times and may assume every state of facts which can be conceived existing at the time of legislation; and (f) that while good faith and knowledge of the existing conditions on the part of a legislature are to be presumed, if there is nothing on the face of the law or the surrounding circumstances brought to the notice of the court on which the classification may reasonably be regarded as based, the presumption of constitutionality cannot be carried to the extent of always holding that there must be some undisclosed and un-known reasons for subjecting certain individuals or corporations to hostile or discriminating legislation. The above principles will have to be constantly borne in mind by the court when it is called up....
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.... citizens to take out processions or to hold public meetings flows from the right in Article 19(1)(b) to assemble peaceably and without arms and the right to move anywhere in the territory of India." "50. In Kameshwar Prasad v. State of Bihar [AIR 1962 SC 1166] the Court was mainly dealing with the question whether the right to make a demonstration is protected under Articles 19(1)(a) and (b) and whether a government servant is entitled to this right. This Court held: (AIR p. 1171, para 13) "13. ... A demonstration might take the form of an assembly and even then the intention is to convey to the person or authority to whom the communication is intended the feelings of the group which assembles. It necessarily follows that there are forms of demonstration which would fall within the freedoms guaranteed by Articles 19(1)(a) and 19(1)(b). It is needless to add that from the very nature of things a demonstration may take various forms; it may be noisy and disorderly, for instance stone-throwing by a crowd may be cited as an example of a violent and disorderly demonstration and this would not obviously be within Article 19(1)(a) or (b). It can equally be peaceful and ....
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....e owner owns his property with the right to exclude or admit anyone he pleases. That may not accord with the concept of dedication of public streets and parks. The parks are held for public and the public streets are also held for the public. It is doubtless true that the State or local authority can regulate its property in order to serve its public purposes. Streets and public parks exist primarily for other purposes and the social interest promoted by untrammelled exercise of freedom of utterance and assembly in public street must yield to social interest which prohibition and regulation of speech are designed to protect. But there is a constitutional difference between reasonable regulation and arbitrary exclusion." "52. While adjudicating with respect to the validity of police action against protestors, this Court again reiterated that right to protest was a fundamental right guaranteed to the citizens under Article 19. In Ramlila Maidan Incident, In re [ (2012) 5 SCC 1], the Court observed that the right to assembly and peaceful agitations were basic features of a democratic system and the Government should encourage exercise of these rights: (SCC p. 99, para 245) ....
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.... as well as public order. It is for this reason, the State authorities many a times designate particular areas and routes, dedicating them for the purpose of holding public meetings. * * * 15. Thus, while on the one hand, citizens are guaranteed fundamental right of speech, right to assemble for the purpose of carrying peaceful protest processions and right of free movement, on the other hand, reasonable restrictions on such right can be put by law. Provisions of IPC and CrPC, discussed above, are in the form of statutory provisions giving powers to the State to ensure that such public assemblies, protests, dharnas or marches are peaceful and they do not become "unlawful". At the same time, while exercising such powers, the authorities are supposed to act within the limits of law and cannot indulge into excesses." * * * * * "61. Undoubtedly, right of people to hold peaceful protests and demonstrations, etc. is a fundamental right guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution. The question is as to whether disturbances, etc. caused by it to the residents, as mentioned in detail by the NGT, is a larger public interest which ou....
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....allowed to pitch up their tents and stay for days together; they are not allowed to bathe or wash their clothes using Delhi Jal Board tankers or defecate in the open, on pavements; and do not create any unhygienic situations. The authorities could also examine, while allowing such demonstration, as to the number of protestors who are likely to participate and could refuse permission to hold any such demonstration, etc. when the number is going to be abnormally large which, if allowed, would per se create hardships of various kinds to the residents. These are some of the examples given by us. The underlying message is that certain categories of peaceful protests and demonstrations, in a guarded and regulated manner, could be allowed so as to enable the protestors to exercise their right and, at the same time, ensuring that no inconvenience of any kind is caused to the residents. * * * * * "64. At this juncture, while discussing the aspect of balancing of the two rights, we have to keep in mind certain other relevant factors as well. In the first instance, what needs to be noted is that a portion of Ramlila Maidan has been earmarked for such demonstrations, etc. The....
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....de and detailed manner within section 15 itself, in our opinion, the court must be careful in employing the definitional words and phrases used in section 15 in their absolute literal sense or use them lightly in a manner that would trivialise the extremely heinous offence of 'terrorist act', without understanding how terrorism is different even from conventional, heinous crime. 49. As observed by the Hon'ble Supreme Court in Hitendra Vishnu Thakur (supra), the extent and reach of terrorist activity must travel beyond the effect of an ordinary crime and must not arise merely by causing disturbance of law and order or even public order; and must be such that it travels beyond the capacity of the ordinary law enforcement agencies to deal with it under the ordinary penal law. The following words of the Hon'ble Supreme Court in Hitendra Vishnu Thakur (supra) bear repetition: "...'terrorism' is generally an attempt to acquire or maintain power or control by intimidation and causing fear and helplessness in the minds of the people at large or any section thereof and is a totally abnormal phenomenon ...". (emphasis supplied) 50. Furthermore,....
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.... In our view therefore, notwithstanding the fact that the definition of 'terrorist act' in section 15 UAPA is wide and even somewhat vague, the phrase must partake of the essential character of terrorism and the phrase 'terrorist act' cannot be permitted to be casually applied to criminal acts or omissions that fall squarely within the definition of conventional offences as defined inter alia under the IPC. We remind ourselves of the principle laid down by the Constitution Bench of the Hon'ble Supreme Court in A.K. Roy (supra) where it said that the requirement that crimes must be defined with an appropriate definitiveness is a fundamental concept of criminal law and must be regarded as a pervading theme of our Constitution since the decision in Maneka Gandhi vs. Union of India 1978 (1) SCC 248; and that the underlying principle is that every person is entitled to be informed as to what the State commands or permits and the life and liberty of the person cannot be put on peril of an ambiguity. The Constitution Bench further says that to stand true to this principle what is expected is that the language of the law must contain adequate warning of the conduct whic....
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.... ordinary kind, however grave, egregious or heinous in their nature and extent, should also be covered by UAPA, since such conventional matters would have fallen within Entry 1 of List-II (State List) and/or Entry 1 of List-III (Concurrent List) of the Seventh Schedule to our Constitution. In order to lean in favour of constitutionality of the provisions of section 15, 17 and 18 of the UAPA, as we must, it must be taken that the Parliament acted within the realm of its legislative competence and that UAPA came to be enacted and amended in 2004 and 2008 to address issues relating to the 'Defence of India'. 58. In the above view of the scope and ambit of UAPA, and in particular sections 15, 17 and 18 thereof, and based on the allegations made in the subject charge-sheet against the appellant as highlighted before us on behalf of the State, what we find is the following: (a) The essential aim and intent of the activities, in which the appellant is alleged to have been involved, was to orchestrate and participate in a protest across the city of Delhi to oppose the enactment of the CAA, which was perceived as a law intended to deprive members of the Muslim community ....
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....ator/co-accused, which, it is further alleged, was used by the said co-accused to send messages on a WhatsApp group. Other than this one action that is specifically attributed to the appellant, this court is unable to discern any other act or omission attributed specifically to the appellant; (h) Furthermore, there is no allegation whatsoever that the arms, ammunition and other articles, that were supposedly to be used as weapons, were recovered from or at the instance of the appellant. In this context the provisions of section 43E of the UAPA may be noted, which contain a presumption against an accused person, to the effect that unless the contrary is shown, the court shall presume that the accused had committed an offence under section 15 provided it is proved that the arms, explosives or other substances were recovered from the possession of the accused and there is reason to believe that these were used in the commission of the offence; or finger prints or other definitive evidence suggesting involvement of the accused was found at the site of the offence. In the present case, since there is not even a whisper of an allegation that any of the articles referred to above....
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....urts, New Delhi; (l) In the statutory framework of the now repealed TADA and POTA, before allowing a bail plea, the court was required to assess whether the accused person was 'not guilty' of the offence alleged; and therefore the burden was clearly on the defence to disprove the allegations on a prima facie basis. Correspondingly therefore, under section 43D(5) of the UAPA, where, before allowing a bail plea, the court is required to assess if the accusation against an accused is prima facie true, the burden to demonstrate the prima facie veracity of the allegation must fall upon the prosecution. The requirement of being satisfied that an accused is 'not guilty' under TADA or POTA meant that the court must have reasons to prima facie exclude guilt; whereas the requirement of believing an accusation to be 'prima facie true' would mean that the court must have reason to prima facie accept guilt of the accused persons, even if on broad probabilities; (m) The decision of the Hon'ble Supreme Court in Watali (supra) proscribes the court from delving into the merits or demerits of the evidence at the stage of deciding a bail plea; and as a se....
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....en, the right to protest further crosses into the territory of becoming a terrorist act or a conspiracy or an act preparatory to commission of a terrorist act under the UAPA. 64. The observations of the Hon'ble Supreme Court in Mazdoor Kisan Shakti Sangathan (supra) appear to us to be the most lucid and pithy answer as to the contours of legitimate protest and these bear repetition. In the said decision the Hon'ble Supreme Court says that legitimate dissent is a distinguishable feature of any democracy and the question is not whether the issue raised by the protestors is right or wrong or whether it is justified or unjustified, people have the right to express their views; and a particular cause, which in the first instance, may appear to be insignificant or irrelevant may gain momentum and acceptability when it is duly voiced and debated. The Hon'ble Supreme Court further says that a demonstration may take various forms: it may be noisy, disorderly and even violent, in which case it would not fall within the permissible limits of Articles 19(1)(a) or 19(1)(b) and in such case the Government has the power to regulate, including prohibit, such protest or demonstration....
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....sions would only trivialise them. Whatever other offence(s) the appellant may or may not have committed, at least on a prima facie view, the State has been unable to persuade us that the accusations against the appellant show commission of offences under sections 15, 17 or 18 UAPA. 67. On another note, the learned ASG has attempted to distinguish the decision of a 3-Judge Bench of the Hon'ble Supreme Court in K.A. Najeeb (supra), submitting that that decision came to be made in the backdrop of an extended period of incarceration of the accused person as an undertrial and there being no likelihood of the trial being completed in a reasonable time. This, the learned ASG says, is not the case in the present matter. As presently advised, though the subject charge-sheet has been filed, there are some 740 prosecution witnesses, including public witnesses, protected witnesses, police witnesses cited in it; and trial is yet to commence. Should this court then wait until the appellant has languished in prison for a long enough time to be able to see that it will be impossible to complete the deposition of 740 prosecution witnesses in any foreseeable future, especially in view of the ....
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....Act or the UAPA. Moreover, it does not appeal to our sense of reason, that when dealing with a bail plea in an appeal under section 21 of the NIA Act, the High Court would be bereft of its own powers under section 439 Cr.P.C., or absent even those powers, would be unable to act ex debito justitiae in exercise of its inherent powers under section 482 Cr.P.C. In our view therefore, regardless of the fact that the present case arises as an appeal under section 21 of the NIA Act, since the additional constraints of section 43D(5) of UAPA do not apply, this court would be entitled to consider the matter of bail on the touchstone of the provisions of section 439 Cr.P.C. 70. In this behalf, we remind ourselves of the following precepts laid down by the Hon'ble Supreme Court for grant or denial of bail. General Principles of Bail 71. A quick conspectus of the general principles for considering a bail plea would not be out of place at this point. Outlining the considerations for bail, in Ash Mohammad vs. Shiv Raj Singh & Anr. (2012) 9 SCC 446 the Supreme Court expressed itself as follows: "8. In Ram Govind Upadhyay v. Sudarshan Singh (2002) 3 SCC 598, it has been opine....
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....otection cannot be absolute in every situation. The valuable right of liberty of an individual and the interest of the society in general has to be balanced. Liberty of a person accused of an offence would depend upon the exigencies of the case." "11. In Prasanta Kumar Sarkar v. Ashis Chatterjee (2010) 14 SCC 496 it has been observed that (SCC p. 499, para 9) normally this Court does not interfere with an order passed by the High Court granting or rejecting the bail of the accused, however, it is equally incumbent upon the High Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of this Court on the point. "9. ... among other circumstances, the factors [which are] to be borne in mind while considering an application for bail are: (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character,....
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....e courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty. "22. From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some unconvicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, "necessity" is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances. "23. Apart from the question of prevention being the object of refusal of bail, one must not lose sight of the fact that any imprisonment before conviction has a substantial punitive content and it would be improper for any court to refuse bail as a mark of dis....
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....t the same time, we cannot lose sight of the fact that the investigating agency has already completed investigation and the charge-sheet is already filed before the Special Judge, CBI, New Delhi. Therefore, their presence in the custody may not be necessary for further investigation. We are of the view that the appellants are entitled to the grant of bail pending trial on stringent conditions in order to ally the apprehension expressed by CBI." (emphasis supplied) 73. Most recently, in P. Chidambaram vs. CBI the Supreme Court has held: "22. The jurisdiction to grant bail has to be exercised on the basis of the well-settled principles having regard to the facts and circumstances of each case. The following factors are to be taken into consideration while considering an application for bail:- (i) the nature of accusation and the severity of the punishment in the case of conviction and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the li....
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....er the gravity of the offence is also the term of sentence that is prescribed for the offence the accused is alleged to have committed. Such consideration with regard to the gravity of offence is a factor which is in addition to the triple test or the tripod test that would be normally applied. In that regard what is also to be kept in perspective is that even if the allegation is one of grave economic offence, it is not a rule that bail should be denied in every case since there is no such bar created in the relevant enactment passed by the legislature nor does the bail jurisprudence provides so. Therefore, the underlining conclusion is that irrespective of the nature and gravity of charge, the precedent of another case alone will not be the basis for either grant or refusal of bail though it may have a bearing on principle. But ultimately the consideration will have to be on case to case basis on the facts involved therein and securing the presence of the accused to stand trial." (emphasis supplied) 75. Commenting on the consequences of pre-trial detention, in Moti Ram vs. State of M.P. (1978) 4 SCC 47 the Supreme Court said: "14. The consequences of pre-tria....
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....nst the appellant in the said other FIR and in the subject FIR from which the present appeal arises. While the presence of the appellant for purposes of trial must be secured, there is no material or basis to suspect; nor is there any reasonable apprehension that the appellant will tamper with evidence or intimidate witnesses. As very pithily put by the Hon'ble Supreme Court in P. Chidambaram (supra) the gravity of the offence alleged would beget the length of sentence, as may be awarded upon conclusion of trial; but an assertion as to the gravity of the offence cannot thwart the grant of bail. On the other hand, apart from militating against the presumption of innocence, pre-trial detention would lead to needless psychological and physical deprivations; and above all, would seriously hamper the appellant from participating in and contributing to the preparation of his defence at the trial. The three cardinal concerns against grant of bail pending trial, namely of evidence tampering, witness intimidation and abscondence, can be addressed by imposition of requisite conditions on grant of bail. 79. In view of the above considerations and discussion, we are inclined to allow th....
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....ode of Criminal Procedure, 1973 (2 of 1974),-- (b) no person accused of an offence punishable for offences under Section 19 or Section 24 or Section 27-A and also for offences involving commercial quantity shall be released on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. 20. Modified application of certain provisions of the Code. -- … (8) Notwithstanding anything contained in the Code, no person accused of an offence punishable under this Act or any rule made thereunder shall if in custody, be released on bail or on his own bond unless-- (a) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (b) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit an....
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..... 4cf. Annexure-A to judgment. 5cf. Annexure-A to judgment. ============= Document 1SEVENTH SCHEDULE Document 2 ANNEXURE-B RELEVANT SCREENSHOTS EXTRACTED FROM THE SUBJECT CHARGE-SHEET The names and other identifying details of persons other than the appellant have been redacted by this Court. Screenshot 1 लेकिन goal कà¥à¤¯à¤¾ है ? हमें चकà¥à¤•à¤¾ जाम करना चाहते हैं। दिलà¥à¤²à¥€ के मोहलà¥à¤²à¥‹à¤‚ में दूध बंद करना चाहते हैं, पानी बंद करना चाहते हैं। खà¥à¤²à¤•à¤° बोलिठयार (बिलà¥à¤•à¥à¤²) | और 2051 Screenshot 2 कर रहे हैं | ....
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.... मà¥à¤¸à¤²à¤®à¤¾à¤¨à¥‹à¤‚ में इतनी हैसियत à¤à¥€ नहीं कि उतà¥à¤¤à¤° à¤à¤¾à¤°à¤¤ के शहरों को बंद किया जा सके? आप है है बिलà¥à¤•à¥à¤² है। यूपी में शहरी आबादी मà¥à¤¸à¤²à¤®à¤¾à¤¨à¥‹à¤‚ की 30 फीसदी से ऊपर है। अरे माई शरà¥à¤® करो, 30 फीसदी के बाद à¤à¥€ शहर चल कà¥à¤¯à¥‚ठरहा है ? दूसरी चीज बिहार 2047 Screenshot 3 था| इसकà¥....
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....® "and "धरना" to and Asif. to start "Chakka alla "at Shaheen Bagh, 24x7. He also told remaining a "at gate no. 07, Jamia and Asif to start University. start" "in other Muslim area of Delhi also said that at right time, they will also also said to the protestors that the govt. is a Hindu Govt. and against Muslims and we have to overthrow the govt. and will do to at night time. On 16/12/19, daytime, and 1762-1763 Screenshot 6 हूà¤à¥¤ यह जो आजकल फासिजà¥à¤® फासिजà¥à¤® के नारे लग रहे हैं यह याद रखिà¤à¤—ा, यह दसà¥à¤¤à¥‚र शà¥à¤°à¥‚ से फासिजà¥à¤® की इजाजत देता है) बिलà¥à¤•à¥à¤² (cow protection हो, president rule हो, चà¥à¤¨à¤¾à¤µ à¤....
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.... member of these groups in pursuance of the common conspiracy hac gives cal of this rach and had led the mob and instigated their connural feelings which utirately alnrated in a violent riet Their active participation anx subsequent conduct which proves the criminal conspira at the place of ccomence is coroborated by ocular, cocumentary and electronic evidences. The complicity of coroborated by the fact that his spectades were broken in the riots. 2045 Screenshot Sa In pursuance and furtherance of common conspiracy, on the same day Le. 15.12.2019, along with and other members of MS) visited Jamia Millia Islamia University and instigated students/peoples against CAA & NRC which resulted in riots and attack on police officials in the area of Sarai Julena (UAH, MSJ, DPSG) and and New Friends Colony. (UAH, DPSG) had also visited Jamia Millia University. This fact is confirmed by location of their mobile numbers. Thus, on 15/12/2019 two incidents of ricting took place in the area of Police Station Jamia and Police Station New Friends colony as a result of instigation of students and in pursuance and furtherance of co....
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....) of road no 13, (Kalindi Kunj road) in the area of Shaheen Bagh near Al-Habeebi Masjid. This act of Chakka Jaam was done in furtherance of common conspiracy. As per the conspiracy, prior to blocking the road, they distributed provocative and misleading pamphlets against CAA/NRC in the area of Shaheen Bagh which is a Muslim majority area, made announcements through PA system, involved Imams of local Masjids for mobilizations of Muslim residents. Thus they fuelled the emotions of local residents of the area and which consequently resulted in Shaheen Bagh protest. The above said facts have also been corroborated by the statement of witness and from the facebook posts, WhatsApp chats and mobile phone location. Local residents of Shaheen Bagh were initially against the protest but threatened them with dire consequences if they did not yield to his demand and posed any obstruction to his road block plan. Protesters who blocked the road of Shaheen bagh in the initial days were not local residents. (This fact is established and confirmed by the chat of on 19/12/2019 at 03:00 hours). This fact was also revealed by the witness that the l....
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....e link of JCC with other conspirators. It is worthwhile to mention here that the accused | Member, (JOC and others collected funds predominately in cash and also in Bank accounts and funded the sustenance of various 24*7 sit in protest sites by providing logistics and also providing daily wages to the lady protestors. AAJMI also provided money for engineering and organising riots. JCC members also distributed cash among women protestors as daily wages, so that substantial number of women could be gathered at 24*7 sit in protest sites. This fact was established by the statement of the witness. 2070 Screenshot 11 After the protest at Jantar Mantar in pursuance of their common conspiracy a meeting was organized in the night of 13-12-2019 at Teflas (Dhaba at JNU) A meeting at Tefas was to decide futher course of action as per conspiratorial direction giver at Jantar Mantar. Thereafter, an 11.12.2019 * about 3:04 AM a message was posted on the WhatsApp group "Muslin Students of INU". The relevant post is as under: "Important points discursed in Yesterday's core members meeting" 1. UAH has called a protest march on 19th Decem....
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....¤¾à¤² का नà¥à¤•à¤¸à¤¾à¤¨ हà¥à¤† जब Supreme Cour Mediators 3 | ने लोगों को à¤à¤¡à¤¼à¤•à¤¾à¤¯à¤¾ कि कà¥à¤› à¤à¥€ हो जाये आप protest खतà¥à¤® न करो। जब à¤à¥€ mediators आले ये ये लोग protest न खतà¥à¤® करने के लिठà¤à¥€à¤¡à¤¼ को उकसाते थे। February 2020 में जब Donald Trump à¤à¤¾à¤°à¤¤ दौरे पर आये तो ये लोग protestors को à¤à¤¡à¤•à¤¾à¤¤à¥‡ थे, इनका कहना था कि जब तक इस देश मे दहशत औà¤....
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....n't pay with fre because it all not hurt you. It will hurt us by Our protests will remain nonviolent Inaa samjh lo sirf ki violence nahi kame denge tumhe aur tumhare dosto ko, bhai 2206 Document 7 Screenshot 15 22.02.2020 " 16.45 JOCJMI Canda ex Moshi, Shapon This message was Selmere paas plan alle tripure dehi se Chaidajaanka Alankarwate hain secret Cik 23 protest si esproke chup he anabha. Saare pantunyalan indogethercare bakaroge 16:45 2209 Screenshot 16 Urgent meeting of XCC to escalate the protests at 24*7 sit in protest sites in Muslim majority areas to higher level by effecting Chakka Jaam and thereafter engineering riots by inciting violence: In pursuance and furtherance of common conspiracy, on the same day le. on 22 Feb, 2020, in late evening, when ant-CAA protesters blocked the road under Jafrabad Metro station, Asif Iqbal Tanha (UAHL, SIO, JCC) alongwith (UAH, SIO, JCC & DPSG), and others held an urgent meeting of members of JCC at the JCC office. As JCC members were also members of DPSG so they were privy to the conspiratorial design and execution and this meeting was called ....
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....¤¨à¥‡ कहा है की दंगों की पूरी तैयारी हो चà¥à¤•à¥€ है और सब लोग तैयार रहे। उसने आगे ये कहा की | और [ ने ये à¤à¥€ कहा की अगर कà¥à¤› होता है तो दंगो की हद तक जायेंगे। लेकिन इस बार सरकार को à¤à¥à¤•à¤¾ कर ही दम लेंगे। इस पर ने कहा कि उसकी à¤à¥€ और नहीं कहा है जो Asif ....
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....¤¼à¤°à¤µà¤°à¥€ 2020 को शम वकà¥à¤¤ करीब 7:30 बजे, हमारे घर के आस पास गली में, आस पास के मà¥à¤¸à¤²à¤®à¤¾à¤¨à¥‹à¤‚ की à¤à¥€à¤¡à¤¼ जमा होने लगी थी। जो CAA के विरोध में नारे लगा रही थी, कि वह हिनà¥à¤¦à¥à¤“ं की सरकार है, मà¥à¤¸à¤²à¤®à¤¾à¤¨à¥‹à¤‚ की दà¥à¤¶à¥à¤®à¤¨ है. सरकार को à¤à¥à¤•à¤¾à¤¨à¤¾ है, CAA को हटाना है व अलà¥à¤²à¤¾à¤¹ हॠअकबर ....
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....¥à¤°à¥€ तरह कà¥à¤·à¤¤à¤¿à¤—à¥à¤°à¤¸à¥à¤¯ कर दिया था। xXxXxXxXxX था मगर उस दिन के हालात और तोड़फोड़ देखकर में बà¥à¤°à¥€ तरह घबरा गया और कीव XXXX मैंने देखा कि मà¥à¤¸à¥à¤²à¤¿à¤® समà¥à¤¦à¤¾à¤¯ के कà¥à¤› लोगों ने Xxxxcxxx की रात करीब 11:30 तक, जब तक पà¥à¤²à¤¿à¤¸ फोरà¥à¤¸ नहीं आई थी तब तक यही सब चलता रहा। मैंने देखा कि à....
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....ागना है, के नारे लगा रहे थे। बीच बीच में गजवा ठहिनà¥à¤¦ का नारा à¤à¥€ जोर शोर से लग रहा था। xxxxxxX इसी बीच काफी लोग जाते हà¥à¤ दिख रहे थे और धीरे धीरे ये लोग हो गà¤à¥¤ xxxxxxx की की बिलà¥à¤¡à¤¿à¤‚ग में छत पर जमा काफी लोगों के साथ अपनी छत पर मौजूद था और ऊà¤à¤šà¥€ ऊà¤à¤šà¥....
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.... पास वाली अरोरा फरà¥à¤¨à¥€à¤šà¤° वाली दà¥à¤•à¤¾à¤¨ में आग लगा दी। 0000000000x तà¤à¥€ दंगाईयों ने हमारी XXXX बाहर की तरफ खींचकर तोड़ दिया और अंदर घà¥à¤¸ गठऔर पथराव करने लगे। और फिर पेटà¥à¤°à¥‹à¤² बम फेंककर अंदर गाड़ियों में आग लगा दी। दंगाइयों की à¤à¥€à¤¡à¤¼ ने मà¥à¤à¥‡ और मेरे स....
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....ेन वजीराबाद रोड कà¥à¤²à¥‰à¤• करने के बाद à¤à¥€ इन आयोजको ने का Basement में secret meeting की थी। दिनांक 23.02.2020 की meeting के बाद पà¥à¤°à¥‹à¤Ÿà¥‡à¤¸à¥à¤Ÿ में announce हà¥à¤† कि अमेरिका के President Donald Trump à¤à¤¾à¤°à¤¤ के दौर पर है और हमे अपने पà¥à¤°à¥‹à¤Ÿà¥‡à¤¸à¥à¤Ÿ की ताकत दिखानी होगी और दिलà¥à¤²à¥€ में आगजनी करके सरकार से अपनà¥....
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....ि सà¤à¥€ अपने अपने घरो से तलवार, असला, पेटà¥à¤°à¥‹à¤² बमà¥à¤¬, तेजाब बम आदि deadlyweapons लेकर पà¥à¤°à¥‹à¤Ÿà¥‡à¤¸à¥à¤Ÿ वाली जगह पहà¥à¤šà¥‡à¥¤ जो कà¥à¤› लोगों ने यह à¤à¥€ कहा कि पà¥à¤°à¥‹à¤Ÿà¥‡à¤¸à¥à¤Ÿ वाली जगह पर दंगे शà¥à¤°à¥‚ हो गठहै जो लोगो पर पà¥à¤²à¤¿à¤¸ दà¥à¤µà¤¾à¤°à¤¾ आà¤à¤¸à¥‚ गैस के गोले छोड़े जा सकते है इसलिठसà¤....
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....े थे पà¥à¤°à¥‹à¤Ÿà¥‡à¤¸à¥à¤Ÿ मे mike में à¤à¤¡à¤¼à¤•à¤¾à¤Š à¤à¤¾à¤·à¤£ दिये जा रहे थे और लोगों को अलग अलग दिशाओ मे फैलने के लिठकहा जा रहा था और कहा जा रहा था कि हमे सबसे पहले police के ऊपर attack करके उसे अपने रासà¥à¤¤à¥‡ से बाद हटाना है उसके बाद हिंदà¥à¤“ं के ऊपर attack करना है और इसके बाद पà¥....
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....€à¥¤ पà¥à¤°à¥‹à¤Ÿà¥‡à¤¸à¥à¤Ÿ के पास à¤à¤• शोरूम की छत से गली न 6 मे मंदिर के पास रहने वाला à¤à¤• लड़का अपने साथियों के साथ मिलकर पà¥à¤²à¤¿à¤¸à¤µà¤¾à¤²à¥€ पर पेटà¥à¤°à¥‹à¤² व तेज़ाब बमà¥à¤¬ फेंक रहा था। 1545 Screenshot 21 à¤à¥€à¤¡à¤¼ में मौजूद लोगो ने police की बात नहीं सà¥à¤¨à¥€à¥¤ इसके बाद जब पà¥à¤°à¤¦à¤°à¥à¤¶à¤¨à¤•à¤¾à¤°à¤¿à¤¯à¥‹à¤‚ ....
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....¤”र दंगाइयों की à¤à¥€à¤¡à¤¼ ने इनà¥à¤¹à¥‡à¤‚ घेरकर इन पर बेतहाशा पथराव कर लाठी डंडे, राड आदि से जानलेवा हमला कर दिया। दंगाइयों में हिंसा से पहले ही मौका के आस पास मे लगे दà¥à¤•à¤¾à¤¨/ शोरूम आदि के CCTV cameras को disconnect वॠdamage करदिया था। इस हमले मे DCP/SHD, ACP/Gokulpuri साहब, HC Ratan Lal व काफी पà¥à¤....
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....ेजा गया था| दिनांक 24/02/2020 को हमारे incharge SI Mohit Kumar 13100504 65BN, SSB, के supervision में HC (GD) G. Nallaperumal, Ct. (GD) Srinivas Rao, Ct. Mani Kandan और अनà¥à¤¯ सà¥à¤Ÿà¤¾à¤« के साथ, मà¥à¤à¥‡, foot patrolling duty के लिठP.S. Karawal Nagar, Delhi में तैनात किया गया था| दिनांक 25/02/2020 को हमें local police के सà¥à¤Ÿà¤¾à¤« के साथ Hanuman Mandir Tiraha, Shiv Vihar, P.S- Karawal Nagar, Delhi के पास तैनात किया गया था| जो दिनांक 25/02/2020 को समय करीब 15:40 hrs, मैं व मà....
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....¤¾à¤« व Local | Police सà¥à¤Ÿà¤¾à¤«, patrolling करते हà¥à¤ जा रहे थे की वहां मौजूद Rajdhani | Public School की छत से कà¥à¤› rioters ने हमारे ऊपर acid से à¤à¤°à¥€ कांच की bottles व पतà¥à¤¥à¤°à¥‹ से हमला कर दिया, इस दौरान में और मेरे साथ मौजूद सà¥à¤Ÿà¤¾à¤«, अपने ऊपर acid गिरने की वजह से घायल हो गठथे, व à¤à¤• दिलà¥à¤²à¥€ पà¥à¤²à¤¿à¤¸ के जवान पर à¤à¥€ à¤à¤¸à¤¿à....
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....ो गठथे, व à¤à¤• दिलà¥à¤²à¥€ पà¥à¤²à¤¿à¤¸ के जवान पर à¤à¥€ à¤à¤¸à¤¿à¤¡ गिरने की वजह से उसे घटि आई थी| Acid की वजह से मेरे चेहरे व आà¤à¤–ों पर जलने के घाव हो गठथे। इसके बाद मेरे सà¥à¤Ÿà¤¾à¤« वाले इलाज के लिठमà¥à¤à¥‡ पास के ही "Veer Sawarkar Arogya Sansthan, ले गठजहाठfirst-aid देने के बाद मà¥à¤à¥‡ "LNJP Hospital" ले जाया गया जहाà....
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....िस पर हमला बोल दिया। à¤à¥€à¤¡à¤¼ में कà¥à¤› लोग हाथ मे पेटà¥à¤°à¥‹à¤² बमà¥à¤¬, कांच की बोतले à¤à¥€ लिठथे। à¤à¥€à¤¡à¤¼ को बमà¥à¤¶à¥à¤•à¤¿à¤² फोरà¥à¤¸ की मदद से काबू किया गया जो पतà¥à¤¥à¤°à¤¬à¤¾à¤œà¥€ के दौरान पतà¥à¤¥à¤° लगने के कारण मेरे पैसे व कमर में चोट आई à¤à¥€à¤¡à¤¼ में मौजूद लोगो ने | मोटरसाइà¤....