TaxTMI 
TaxTMI 
2025 (9) TMI 1816
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...., Ms. Praavita Kashyap and Ms. Anushka Baruah, Advs. Mr. Gautam Khazanchi, Mr. Vaibhav Dubey, Ms. Anshala Mr. AyushSachan, Verma, Mr. Vinayak Chawla and Ms. Pooja Deepak, Advs. Mr. Salman Khurshid, Sr. Adv. with Mr. Bilal Anwar Khan, Ms. Anshu Kapoor and Ms. Sidra Khan, Advs. Mr. Shri Singh, Mr. Faraz Maqbool, Ms. Sana Juneja, Ms. A. Sahitya Veena, Ms. Chinmayi Chatterjee, Ms. Vismita Diwan, Ms. Deepshikha, Ms. Arunima Nair & Ms. Swati Khanna, Advs. Mr. Sushil Bajaj, Mr. SarimNaved, Mr. Harsh Bora, Ms. Maulshree Pathak &Mr. Mohammad Shahrukh, Advs. Mr. N. Hariharan, Sr. Adv. with Mr. Kathik M. Mr. Rahul Dev, Ms. Punya Rekha Angara, Mr. Aman Akhtra, Ms. Vaundhara N, Ms. Sana Singh, Mr. Vinayak Gautam, Mr. Shivam Sharma, Ms. Diksha & Ms. Vasundhara Raj Tyagi, Advs. For the Respondent : Mr. Tushar Mehta, Solicitor General, Mr. Chetan Sharma, ASG, Mr. Amit Prasad, SPP for State, with Mr. Dhruv Pande, Mr. Aarush Bhatia, Mr. Ayodhya Prasad, Ms. Ruchika Prasad, Mr. Harshil Jain, Mr. Saravjeet Singh, Mr. Amit Gupta, Mr. Shubham Sharma, Mr. Vikramaditya Singh, Advocates. Mr. P.S. Kushwaha, Addl. CP (Special Cell), Insp. Anil Kumar, Insp. Suhaib Ahmad, ASI Sanjay Kumar, HC Dheeraj Goswami....
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....ons 109, 114, 124A, 153A, 186, 201, 212, 295, 302, 307, 341, 353, 395, 419, 420, 427, 435, 436, 452, 454, 468, 471, and 34 of the IPC; Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 (in short, 'PDPP'); Sections 25 and 26 of the Arms Act, 1959 (in short, 'Arms Act'); and Sections 13, 16, 17, and 18 of the Unlawful Activities (Prevention) Act 1967 (in short, 'UA(P) Act') were added to the subject FIR. 2. As the present batch of Appeals arise out of similar set of facts, though outlining different alleged roles of the Appellants in the purported larger conspiracy, and involve an interwoven set of legal propositions, we deem it appropriate to adjudicate these appeals by way of this common Judgement. THE BRIEF FACTUAL MATRIX: DELHI RIOTS: - 3. The factual narrative in the present matter emanates from the case of the prosecution, being one of a deep-rooted criminal conspiracy allegedly hatched by several accused persons and individuals, including the present Appellants, to commit large-scale riots in the National Capital Territory of Delhi, in protest against the enactment of the Citizenship Amendment Act, 2019 ('CAA') a....
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....CTVs in the adjoining areas for further escalation of confrontations and physical altercations with law enforcement agencies. This phase is alleged to have culminated in the February 2020 riots. 5. The Prosecution has claimed that these four phases indicate that the incidents were no ordinary protests, but were rather premeditated and well- orchestrated riots, planned out by the masterminds on a mass scale, intended to have nationwide implications, and to undermine the secular fabric of the nation. The motive of the key conspirators was allegedly to propagate their ulterior agenda of inciting communal tensions under the facade of opposition to the CAA/NRC. 6. The aforementioned four phases shall be discussed in detail, while analyzing the role of each of the Appellants in the alleged large-scale / deep-rooted Conspiracy, in their respective Appeals. 7. Relevantly, the investigation in the present case ensued on 06.03.2020, when the Subject FIR was registered at the P.S. Crime Branch on the basis of a complaint lodged by a Sub-Inspector (S.I.) Arvind Kumar, who had received information through a secret informer that the Delhi Riots, which took place in February 2020, were t....
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.... PERIOD OF INCARCERATION: - 14. Having noted the brief factual matrix, and before we delve into the aspect of Conspiracy for setting the stage for adjudication of the present appeals, we may, at this stage itself, note that the common argument raised and emphasized throughout these Criminal Appeals seeking Regular Bail, is on the point of delay in trial and the period of incarceration already undergone by the Appellants as undertrials. 15. Relevantly, it merits mention that the grant of bail is not a mechanical exercise, nor can it rest upon a superficial appraisal of prosecution's material or evidence. The criminal jurisprudence is firmly rooted on many pillars, inclusive of which is the fair investigation and a fair trial, more so, the constitutional values underlying personal liberty cannot be set at naught by keeping an accused incarcerated. The Courts have to remain alive to both the ends of spectrum, on one hand, safeguarding the liberty of an accused, while on the other, ensuring the right of the prosecution to establish its case. The assessment of grant or refusal of bail, therefore, is also guided by a judicious balance between these two considerations, so that t....
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.... v. Union of India, Crl.A. 2787/2024 dated 03.07.2024. ● Prem Prakash v. Union of India, SLP (Crl.) No.5416/2024 decided on 28.08.2024. ● V. Senthil Balaji v. Deputy Director, Directorate of Enforcement 2024 INSC 739. ● SaumyaChaurasia v. Directorate of Enforcement, SLP(Crl.) No. 12492/2024 dated 25.09.2024. ● Padam Chand Jain v. Enforcement Directorate, SLP(Crl.) No. 17476/2024, dated 16.01.2025. ● Niranjan Singh Karam Singh Punjabi, Advocate v. Jitendra BhimrajBijjaya, (1990) 4 SCC 76. ● Mohd. Hakim v. State (NCT of Delhi), 2021 SCC OnLine Del 4623. ● A. Ramachandran @ Raman v. CBI & Anr., 2015 SCC OnLine Ker 17832. ● Tapas Kumar Palit v. State of Chhatisgarh, Crl.A. No. 738/2025; Supreme Court. ● NIA vs. Areeb Ejaz Majeed, 2021 SCC OnLine Bom 239. ● Thwaha Fasal v. Union of India (2021) SCC OnLine SC 1000 ● Sidhique Kappan v. State of U.P. (2022) SCC OnLine SC 1195 ● NIA vs Zahoor Ahmad Shah Watali, 2019 5 SCC 1 ● Gurwinder Singh vs State of Punjab and Another (2024) 5 SCC 403 &....
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....e from time to time cannot be safely classified and it is dangerous to make an attempt to classify the cases and to say that in particular classes a bail may be granted but not in other classes. It was observed that the principle to be deduced from the various sections in the Criminal Procedure Code was that grant of bail is the rule and refusal is the exception. An accused person who enjoys freedom is in a much better position to look after his case and to properly defend himself than if he were in custody. As a presumably innocent person he is therefore entitled to freedom and every opportunity to look after his own case. A presumably innocent person must have his freedom to enable him to establish his innocence. ***** 28. Coming nearer home, it was observed by Krishna Iyer, J., in Gudikanti Narasimhuluv. State [Gudikanti Narasimhuluv. State, (1978) 1 SCC 240 : 1978 SCC (Cri) 115] that : (SCC p. 242, para 1) '1. ... the issue [of bail] is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitised judicial process. ... After all, personal li....
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....granting bail in a non-bailable offence have been enumerated in a catena of decisions of this Court and, therefore, for the sake of brevity, we do not propose to reiterate the same. However, when a prosecution/conviction is for offence(s) under a special statute and that statute contains specific provisions for dealing with matters arising thereunder, including an application for grant of bail, these provisions cannot be ignored while dealing with such an application." 22. Further, the Supreme Court in Gautam Kundu v. Directorate of Enforcement (Prevention of Money-Laundering Act), (2015) 16 SCC 1, observed as below: "28. Before dealing with the application for bail on merit, it is to be considered whether the provisions of Section 45 of PMLA are binding on the High Court while considering the application for bail under Section 439 of the Code of Criminal Procedure ......... PMLA is a special statute enacted by Parliament for dealing with money-laundering. Section 5 of the Code of Criminal Procedure, 1973 clearly lays down that the provisions of the Code of Criminal Procedure will not affect any special statute or any local law. In other words, the provisions of any spe....
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....lication of it, presents its own complexities. For greater clarity in the application of the test set out above, it would be helpful to seek guidance from binding precedents. In this regard, we need to look no further than Watali's case which has laid down elaborate guidelines on the approach that Courts must partake in, in their application of the bail limitations under the UAP Act. On a perusal of paragraphs 23 to 29 and 32, the following 8-point propositions emerge and they are summarised as follows: ● Meaning of 'Prima facie true' [para 23] : On the face of it, the materials must show the complicity of the accused in commission of the offence. The materials/evidence must be good and sufficient to establish a given fact or chain of facts constituting the stated offence, unless rebutted or contradicted by other evidence. ● Degree of Satisfaction at Pre-Chargesheet, Post Chargesheet and Post-Charges Compared [para 23] : 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 ing....
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.... discarding the document at this stage, on the ground of being inadmissible in evidence, is not permissible." 26. A review petition was also filed against Gurwinder (supra), being Review Petition (CRL.) NO.299/2024, and the Supreme Court, while dismissing the same vide its Order dated 16.07.2024, observed as under: "1) This Review Petition has been filed seeking to review Judgment dated 07.02.2024 both on facts and law. As facts have been duly taken note of, we do not find any reason to interfere with the Judgment passed. On the question of law, reliance has been placed on the decisions of this Court in KA Najeeb v. Union of India, (2021) 3 SCC 713 and Vernon v. State of Maharashtra, (2023) SCC OnLine SC 885 and our decision is based on the facts and circumstances unfolded. 2) Accordingly, the Review Petition stands dismissed." (Emphasis Supplied) 27. Thus, the position of law is no longer res integra as to the guidelines that the Courts should generally adhere to while deciding the grant or refusal of bail to an accused booked for offences under the UA (P) Act. The Court has to examine whether there are reasonable grounds to believe the allegations again....
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....wn 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. Such an approach would safeguard against the possibility of provisions like Section 43-D(5) of the UAPA being used as the sole metric for denial of bail or for wholesale breach of constitutional right to speedy trial." 31. The Supreme Court in Sheikh Javed Iqbal (supra), while referring to Javed Gulam Nabi Shaikh (supra), Shaheen Welfare Assn. (supra) and several of its other decisions, observed as under: "24. It is trite law that an accused is entitled to a speedy trial. This Court in a catena of judgments has held that an accused or an undertrial has a fundamental right to speedy trial which is traceable to Article 21 of the Constitution of India. If the alleged offence is a serious one, it is all the more necessary for the prosecution to ensure that the trial is concluded expeditiously. When a trial gets prolonged, it is not open to the prosecution to oppose bail of the accused-undertrial on the ground that the charges are very serious. Bail cannot be denied only on the ground t....
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....e person accused of offences under UA(P) Act shall not be released on bail if it appears that there are reasonable grounds to believe that the allegations against an accused are prima facie true. Specifically, in cases where the Charges have already been framed, the rigours are stricter. As far as the twin prong test is concerned, the first prong pertains to whether the test for rejection of bail are sufficient and satisfied. The other prong being the satisfaction of the triple test, on the factors such as flight risk, influencing of witness and tampering of evidence." 33. From a perusal of the aforementioned extracts, it emerges that the Constitutional Courts are well within their powers to grant bail to an undertrial who has suffered a long period of incarceration pending trial, thereby, setting him at liberty. The Courts are also to secure the right to a speedy trial of an accused, flowing from Article 21 of the Constitution of India. However, the grant of bail on the sole ground of long incarceration and delay in trial is not a universally applicable rule in all the cases. The discretion to grant or deny bail vests with the Constitutional Court, depending upon the peculiar f....
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....nly erupted from a peaceful protest and turned ugly. 37. It was also contended by Mr. Tushar Mehta that each of the conspirators had played a vital role in the planning, strategizing, and execution of the criminal conspiracy, all under the guise of protest against the CAA/NRC. The masterminds/top conspirators, he submitted, disseminated their messages through various speeches, pamphlets, WhatsApp Groups, etc., and their instructions were carried out by the foot soldiers. He contended that keeping in view the large-scale violence that was sought to be undertaken, and which eventually took place in late February of 2020, resulting in the loss of 53 lives, causing injuries to numerous members of the public, Police Officers and causing damage to the public properties, the Appellants are not entitled to bail. 38. The learned Senior Counsels and Counsels for the parties have collectively relied upon the following decisions: ● Kehar Singh & Others v. State (Delhi Administration), (1988) 3 SCC 609 ● Firozuddin Basheeruddin v. State of Kerala, (2001) 7 SCC 596 ● Param Hans Yadav and Sadanand Tripathi v. State of Bihar, (1987) 2 SCC 197. ....
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....of the others it will not affect the culpability of those others when they are associated with the object of the conspiracy. The significance of criminal conspiracy, under Section 120-A is brought out pithily by this Court in Major E.G. Barsay v. State of Bombay [ AIR 1961 SC 1762 : (1962) 2 SCR 195, 228 : (1962) 2 Cri LJ 828] thus: "The gist of the offence is an agreement to break the law. The parties to such an agreement will be guilty of criminal conspiracy, though the illegal act agreed to be done has not been done. So too, it is not an ingredient of the offence that all the parties should agree to do a single illegal act. It may comprise the commission of a number of acts. Under Section 43 of the Penal Code, 1860, an act would be illegal if it is an offence or if it is prohibited by law." 41. The Supreme Court in Kehar Singh & Others v. State (Delhi Administration) (supra), has held as under: "275. Generally, a Conspiracy is hatched in secrecy and it may be difficult to adduce direct evidence of the same. The Prosecution will often rely on evidence of acts of various parties to infer that they were done in reference to their common intention. The Prosecuti....
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..... Since an agreement of this kind can rarely be shown by direct proof, it must be inferred from circumstantial evidence of cooperation between the accused. ......... 24. Another major problem which arises in connection with the requirement of an agreement is that of determining the scope of a conspiracy - who are the parties and what are their objectives. The determination is critical, since it defines the potential liability of each accused. The law has developed several different models with which to approach the question of scope. One such model is that of a chain, where each party performs a role that aids succeeding parties in accomplishing the criminal objectives of the conspiracy. No matter how diverse the goals of a large criminal organisation, there is but one objective: to promote the furtherance of the enterprise. So far as the mental state is concerned, two elements required by conspiracy are the intent to agree and the intent to promote the unlawful objective of the conspiracy. It is the intention to promote a crime that lends conspiracy its criminal cast. 25. .... Thus, one who enters into a conspiratorial relationship is liable for every reasonably ....
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....cted under Article 19(1)(a), and the same cannot be blatantly curtailed. Nonetheless, this right is not absolute, as it is subject to the reasonable restrictions imposed by the Constitution. If the exercise of an unfettered right to protest were permitted, it would damage the constitutional framework and impinge upon the law-and-order situation in the country. Any conspiratorial violence under the garb of protests or demonstrations by the citizens cannot be permitted. Such actions must be regulated and checked by the State Machinery, as they do not fall within the ambit of the Freedom of Speech, Expression, and Association. 48. To build up on this context, we may refer to the decision of the Supreme Court in Mazdoor Kisan Shakti Sangathan v. Union of India, (2018) 17 SCC 324, wherein it has been observed as thus: "48. ... Undoubtedly, holding peaceful demonstrations by the citizenry in order to air its grievances and to ensure that these grievances are heard in the relevant quarters, is its fundamental right. This right is specifically enshrined under Articles 19(1)(a) and 19(1)(b) of the Constitution of India. Article 19(1)(a) confers a very valuable right on the citiz....
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....zens. In the Constitution Bench judgment, Himat Lal K. Shah v. Commr. of Police [Himat Lal K. Shah v. Commr. of Police, (1973) 1 SCC 227 : 1973 SCC (Cri) 280], while dealing with the challenge to the Rules framed under the Bombay Police Act regulating public meetings on streets, held that the Government has power to regulate which includes prohibition of public meetings on streets or highways to avoid nuisance or disruption to traffic and thus, it can provide a public meeting on roads, but it does not mean that the Government can close all the streets or open areas for public meetings, thus denying the fundamental right which flows from Articles 19(1)(a) and (b). The Court held: (SCC pp. 239 & 248, paras 33 & 70) "33. This is true but nevertheless the State cannot by law abridge or take away the right of assembly by prohibiting assembly on every public street or public place. The State can only make regulations in aid of the right of assembly of each citizen and can only impose reasonable restrictions in the interest of public order." (Emphasis supplied) 49. Recently, the Supreme Court, in Imran Pratapgadhi v. State of Gujarat & Ors., 2025 SCC OnLine SC 678, observed....
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.... into violence and communal unrest in various places in Delhi, leading upto the large-scale February, 2020 - Delhi Riots. Therefore, for the sake of convenience and given their attributed role, which appears to stand on the same footing, we deem it appropriate to decide their appeals together. 54. As per the prosecution, the Appellant-Sharjeel Imam is a holder of an M.Phil and Master's degree from Jawaharlal Nehru University (JNU), and during his time as a student in JNU, he had a first registered criminal case related to seditious activities, with the Appellant-Umar Khalid as his mentor and the prime accused in the said criminal case. It is also alleged by the Prosecution that Appellant-Sharjeel Imam had also published his views on "The Hindu Republic :- Seven decades of Muslim Exclusion in India", "It's Time we Absolve Jinnah", "Remembering 1980 :- Moradabad Muslim Massacre: A harsh indictment of 'secular' and Left politics", and "Islamophobia in JNU is also rampant among left-wing student organisations claiming to be secular.". 55. It is alleged that, apart from the above, the following four events also led to his emergence as a religious extremist: ....
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....nd others. The Appellant-Sharjeel Imam visited Aligarh on 11.12.2019 to further propagate the idea of Chakka-Jaam. 61. It is also alleged by the Prosecution that the conspirators had every intention to give protests a secular look by involving non-muslims, however, they also ensured that there is no over-secularisation of their movement. 62. In the intervening night of 12th-13th December 2020, a new WhatsApp group, namely, "Muslim students of JNU_1", was created at the behest of the Appellant-Sharjeel Imam. 63. Later, in the evening of 13.12.2019, the Appellants-Sharjeel Imam and Umar Khalid visited JMI University, where the Appellant-Umar Khalid introduced the Appellant-Sharjeel Imam and others to the crowd as his team member and explained to them the difference between Chakka- Jaam and a Dharna. Further, the Appellant-Umar Khalid had allegedly instructed the Appellant-Sharjeel Imam to start Chakka-Jaam at Shaheen Bagh and at Gate No. 7 of JMI University. It is alleged that the Appellant-Sharjeel Imam gave a provocative speech on the said date to instigate the crowd to protests and hold chakka-jaams by inculcating the idea of disruption of essential services as a means to....
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.... that took place in December 2019 in Delhi. 70. The prosecution has, thus, attributed to them the role of being mobilizers, ideologues, and active participants in several violent protests, including the riots of 13th-16th December 2019 at Jamia Nagar and New Friends Colony, which involved destruction of public property and injuries to police personnel. For these incidents, two FIRs bearing No. 296/2019 and 242/2019 were registered at the respective Police Stations. 71. On 19.12.2019, "Hum Bharat ke Log (Swaraj Abhiyan & UAH)" organized a protest march from Red Fort to Shaheed Park, ITO; similarly, a protest march was organized at Mandi House. It is alleged that the permission to hold the protest was rejected and Section 144 of the Cr. P.C. was imposed in the area, however, the protestors continued, and as a consequence, the Appellant-Umar Khalid and others were detained. The prosecution has alleged that these events were celebrated as a success, and it gave the Appellants wide publicity. 72. It is alleged that, on 23.12.2019, at the directions of the Appellant- Umar Khalid, another WhatsApp group, namely the "Jamia Awareness Campaign Team" (JACT), was constituted. Later, a....
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...., acids, stones, chilli powder, and other dangerous materials to be used in the riots. 79. On 11.02.2020, the official news broke regarding the State visit of the President of the United States of America on 24th and 25th February 2020. Later, on 17.02.2020, the Appellant-Umar Khalid gave a provocative speech at Amravati, Maharashtra, making reference to the visit of the said dignitary and encouraging listeners and protesters to come out for protests on those dates. 80. It is alleged that in furtherance of the conspiracy, on 22.02.2020, at the directions of the Appellant-Umar Khalid and other co-accused persons, protesters were moved from one protest site to another to undertake Chakka-Jaams, thereby, completely blocking the public roads and highways. A similar course of action allegedly occurred on 23.02.2020 at other protest sites, with protestors being moved in coordination to create mass chaos. These Chakka-Jaams escalated into violence, damaging properties, public and private, and attacks on police and Non-Muslims. 81. It is further alleged that, on 24.02.2020, a few members of the DPSG threatened to expose those responsible for the riots, and there was a flurry of ca....
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....statements of such witnesses are merely reproduction of each other, and when taken at face value, do not disclose the commission of the alleged offences by the Appellants, rather they appear to be concocted, and the witnesses have been coerced into giving such statements out of fear of arrest. 88. It was contended that the statements of these witnesses were also recorded belatedly, many of which were obtained after the arrest of the Appellants, and therefore, they lack reliability to support the case of conspiracy against them, also being riddled with serious lacunae and material misrepresentations and thus, no prima facie case is made out to refuse Bail to the Appellants. 89. Moreover, it was submitted that there has been no recovery of arms or ammunition from, or at the instance of, either of the Appellants. They contended that the Call Detail Records (CDRs) that are being relied upon by the prosecution only loosely connect the Appellants to certain places of meetings or presence near protest sites, however, they do not, in absolute terms, establish their presence, as the CDRs only indicate physical presence within the zone of a particular tower, which cannot be taken as pr....
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....t the prosecution has roped in the Appellants in the present case solely on account of the speeches at four places made by the Appellant Sharjeel Imam; in Jamia on 13.12.2019, in Aligarh on 16.01.2020, in Asansol on 22.01.2020, and in Gaya on 23.01.2020. The learned counsel emphasized that the Appellant Sharjeel Iman was granted bail by the Allahabad High Court with respect to the speech made at Aligarh, holding that there was absolutely no instigation to violence in the same, findings of which remains unchallenged by the State. Even as far as the other speeches are concerned, the learned counsel submitted, those are not sufficient to constitute an offence under the UA(P) Act. 96. On behalf of the Appellant Umar Khalid, it was submitted that he was implicated in the present case for his speech in Amravati on 17.02.2020, which was contended to be neither provocative nor inflammatory. Further, the prosecution did not even produce the video of the said speech along with the Chargesheet for proving its context, content, impact, and legality of the speech are concerned. However, it was submitted that a fair evaluation of the said speech would make it clear that the Appellant Umar Kha....
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....t, punishable up to 5/7 years, and falls under Section 13 of Chapter III of the UA(P) Act, and not under Chapter IV of the UA(P) Act, to which Section 43D (5) of the UA(P) Act applies. The rigours therein will, therefore, not be applicable in the present case. They submitted, even otherwise, this provision is only an additional condition to the existing considerations for the grant of bail. They placed reliance on the decision of the Supreme Court in K.A. Najeeb (supra), to submit that the provision in the UA(P) Act is not as onerous for an accused as the bail provisions in NDPS, MCOCA, etc. 104. They submitted that, in sum and substance, the prosecution has, other than the utterances in favor of Chakka Jaam and opposition to the CAA through public and non-violent protests and communications, produced no cogent evidence to establish any ingredient of any offence under Chapters IV or VI of the UA(P) Act. 105. It was contended that the Appellant-Umar Khalid, pursuant to the dismissal of his Appeal vide Order dated 18.10.2022, had approached the Supreme Court by way of a Special Leave Petition, being SLP(Crl.) No. 6857/2023, on which notice was issued, however, the Appellant lat....
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....above, they contended that the Appellants are entitled to grant of bail on the grounds of parity with the three co-accused, namely Devangana Kalita, Natasha Narwal, and Asif Iqbal Tanha, who were granted bail by this Court and the same being upheld by the Supreme Court vide the Order dated 02.05.2023 passed in S.L.P. (Crl.) Nos. 4287- 4289, apart from the merits of the case of the Appellants. They submit that therefore, the Appellants ought to be enlarged on Regular Bail, pending trial before the learned Trial Court, having suffered more than 5 years in custody since their arrest. SUBMISSIONS ON BEHALF OF THE STATE :- 110. The learned SPP on behalf of the State reiterated the prosecution's case and the allegations leveled against the present Appellants to highlight the role played by them, and drew our attention to the Statement of several Witnesses under Section 161 and 164 of the Cr.P.C, including Protected Witnesses, WhatApp Chats, Speeches (both in video and transcripts), photographs, Social Media Posts, distribution of pamhplets, formation of WhatsApp Groups, etc., the electronic data running into 30,000 pages, which further delineated the role of the Appellants in d....
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....ms. Moreover, the Appellant-Umar Khalid stated that they would overthrow the Government at the right time. As a part of the conspiracy, he submitted, the witnesses have stated that around 24 protest sites were created, and several meetings were held in this regard. 115. The learned SPP, qua the Appellant-Sharjeel Imam, also referred to a pamphlet, the contents whereof are alleged to be inciting communal feelings and calling for a disruptive chakka-jaam on 13.12.2019. The same reads as below: "Citizenship Amendment Bill was passed with week. This base is unconstitutional and intends to disenfranchise Muslim's and put them in detention camps. It has already started in Assam and will followelsewhere, Muslim's across India must reject NRC and CAB in one voice. Kashmir, Babri and now CAB, there are more than enough grounds for a strong rejection from Muslims across India. Assam has already started burning and people are being killed. However, the rule played by our religious and political leadership has also been disappointing. Thousands of Mulim youths are ready to disrupt Delhi which will give international media attention to our issues. The students of Jamia Milli....
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....ै, मुसलमान हिंदुस्तान के 500 शहरों में चक्का जाम कर सकता है. ठीक है?" "अरे भाई शर्म करो, 30 फीसदी के बाद भी शहर चल क्यूँ रहा है ?" "' (देश की राजधानी है) जो लोग गुमराह कर रहे हैं, अरे ये दिल्ली है भाई। ये flyover गिरे जरा, पूरी दुनिय....
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....#2351;ा का जोग्राफी ज्यादा पता नहीं, जहां जहां स्टूडेंट रहते हैं। आप एक तो नुमाइंदा सामने कर सकते हैं, जो इस बात पे मुत्तहिद है ये लोग, और इनका नुमाइंदा है कि हमें चक्का जाम करना है । (बिल्कुल) ।।" "लेकिन goal क्या है ?हमें &....
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.... to a total of 45 police personnel and more than 100 civilians. For these incidents, two FIRs bearing no. 242/2019 and 298/2019 were registered at the aforesaid Police Stations. 122. Further, the learned SPP relied upon the transcripts from another Speech by the Appellant-Sharjeel Imam on 16.01.2020 at Aligarh Muslim University, extracts from the said speech are as under: "Friday night को तो हल्का फुल्का violence हुआ था, मेरा भी चश्मा टूटा था" " लेकिन हमें दिल्ली बंद इसलिए करना है कि अवाम को inconvenience हो," "ये मैं पहले भी शायद अर्ज कर चूका हू....
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....54;िए और जितने भी जो भी यहाँ से सप्लाई जा रहा है बंद करो और वो बंद कर सकते है क्योंकि chicken neck मुसलमानों का है, वो जो इलाका है वो मुस्लिम अकसरियत है" 123. The prosecution cited the other inflammatory speeches made by the Appellant Sharjeel Imam, one in Asanol, West Bengal, on 22.01.2020, where he had incited the public to call a nationwide bandh, and another in Chakand, Gaya, Bihar, on 23.01.2020, where he openly admitted to causing Chakka Jaams at Shaheen Bagh, forcing the closure of showrooms and petrol pumps, and causing deliberate public inconvenience, all of....
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....; ? जब आप हिम्मत वाले 100 जवान लड़के, पहली शप्त में बैठे होंगे, आओ हमको मारो, आओ मारो जितना मारना है मारो, हम यहाँ से हिलने वाले नहीं है ...... हमको सड़क जाम करनी है और हमको हर highway बंद करना है। केवल चार हफ्ते है, सोच लीजिये चार हफ....
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....को ये कश्मीर बना नहीं सकते आपको भी पता है। इन्हीं की जलालत होगी, हमारी नहीं होगी, अगर ये दिल्ली में गोली चलवायें, Army लगवायें तो ये जलालत किसकी है ? मुसलमानों की नहीं सरकार की जलालत है।" 125. The learned SPP sought to contend that the Appellant Umar Khalid's alleged visit to the Seelampur protest site, coupled with his purported involvement in ....
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..... Further, he submitted, the gravity of the allegations against the Appellants and their active involvement in the conspiracy leading to communal riots and loss of lives, no case for grant of bail has been made out. Therefore, he submitted, their appeals ought to be dismissed. ANALYSIS AND FINDINGS :- 130. We have considered the submissions made by the learned Senior Counsels on behalf of the Appellants-Sharjeel Imam and Umar Khalid, as well as by the learned Solicitor General, and the learned SPP on behalf of the State, and have perused the record. With their joint assistance, we have examined the WhatsApp Chats, extracts from the Speeches, Videos of the said Speeches, Statements of Witnesses (including Protected Witnesses) recorded under Section 161 as well as Section 164 of the Cr.P.C., Call Detail Records, and the other material that has been placed on the record. 131. We have already discussed herein above the principles applicable to the consideration of an application seeking bail under the UA(P) Act. Keeping the same in view, while reverting to the prosecution case, we may note that learned SPP has emphasized that prima facie there is sufficient material on record ....
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....eeches delievered by the Appellants, when considered in totality, prima facie indicates towards their role in the alleged conspiracy. 137. In so far as the submission of the learned counsel for the Appellant- Sharjeel Imam, that the appellant was in custody since 28.01.2020 and remained in custody at the time of the riots and at the meetings where the State visit of the President of the USA was decided to be the turning point, is concerned, we find that this argument has no merit. It is irrelevant whether the appellant was physically present at the protest sites or in meetings post 28.01.2020. As it is alleged that all the initial planning, creation of groups, conceptualization, and incitement regarding the CAA/NRC had been completed by that point. Further, it is alleged that the co-conspirators and the Appellants were working together and were aware of the ultimate goal, as is reflected from their speeches and the circulation of pamphlets. Thus, in our opinion, the mere absence of Appellant Sharjeel Imam a few weeks prior to the ultimate riots, and the Appellant Umar Khalid's absence a day or two before, at this stage, may not be sufficient to mitigate their role, as they h....
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....ration undergone. 141. Proceeding with the said submissions, we may note that the Supreme Court in the case of Vernon (supra), on which the Appellant-Umar Khalid places reliance, had held, while examining the question of grant or refusal of bail and to satisfy the "prima facie test", there has to be atleast surface- analysis of probative value of the evidence and the quality or probative value to satisfy the Court of its worth. Notably, in Vernon (supra), the material against the appellant therein had weak probative value, being hearsay evidence, with the recovery having been made from the possession of a co-accused and not from the Appellant himself. However, in the present case, the probative value of the evidence against the Appellants-Sharjeel Imam and Umar Khalid, as detailed out by us in the foregoing discussion, prima facie and at this stage, cannot be branded as weak. Therefore, there is no merit in this plea. It is also premature to evaluate the veracity of the material available on record at this stage, such assessment shall have to be made by the learned Trial Court at an appropriate stage of the trial, however, at this point, the evidence cannot be ignored by this Co....
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....of parity, we may note that it is crucial for the Courts, while deciding such a plea, to examine the role attributed to the accused and their position in relation to the incident in juxtaposition to that of the co-accused who was afforded the benefit of bail. 146. Having noted the above, it is observed that the co-accused persons, namely, Asif Iqbal Tanha, Devangana Kalita, and Natasha Narwal, were enlarged on bail by a Coordinate Bench of this Court. In the conspectus of the allegations levelled, it emerges that the role of the Appellants-Sharjeel Imam and Umar Khalid is prima facie grave in the entire conspiracy, having delivered inflammatory speeches on communal lines to instigate a mass mobilization of members of the Muslim Community. In contrast, although the co-accused persons named above were present in the conspiratorial meetings and were members of the WhatsApp groups, however, their role was limited when juxtaposed with these Appellants. Therefore, in our careful consideration, the plea of parity is not made out. 147. As far as the third limb of submissions on delay in trial and prolonged incarceration is concerned, we have already discussed the position of law on t....
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.... 150. Accordingly, in the peculiar facts and circumstances of the present case, and in view of the foregoing discussion and analysis, the present appeals, that is, CRL. A. 184/2022 and CRL. A. 631/2024, are dismissed. The pending applications, if any, also stand dismissed. CRL.A. 677/2022, 600/2022, 210/2022 AND 233/2022: ATHAR KHAN, SHADAB AHMED, ABDUL KHALID SAIFI AND MOHD. SALEEM KHAN: - 151. As per the prosecution's narration, we find that the role assigned to these Appellants in the alleged conspiracy are closely interwoven and intertwined. Therefore, for the sake of convenience and brevity, we deem it appropriate to deal with them together. 152. In the case of the prosecution that in the present conspiracy leading to the ultimate violent riots in Delhi, the Appellants- Athar Khan, Shadab Ahmed, Abdul Khalid Saifi, and Mohd. Saleem Khan, have played a vital and significant role in the hatching of the conspiracy and executing it. The Appellants, except Saleem Khan, are alleged to be members of at least one or more groups, such as DPSG, CAB Team, United Against Hate (UAH), etc., as well as their regular presence at the conspiratorial/secret meetings, held by key co....
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....f the President of the USA. 156. Specifically, the Appellant-Abdul Khalid is alleged to have been the organizer and creator of the protest sites at Khureji, Karawal Nagar, Kardam Nagar, and Nizamuddin. He is also alleged to have delivered provocative speeches intended to incite people on communal lines. Further, he is accused of having sent a message on 03.02.2020 in the DPSG group, instructing people to cover CCTV cameras installed by the Police with black tape. It is further alleged that the Appellant-Abdul Khalid raised funds in furtherance of managing protest sites, and he also received money from co-accused Ishrat Jahan for the procurement of firearms. 157. The Appellants- Shadab Ahmed, Mohd. Saleem Khan, Athar Khan, and others, including co-accused Salim Malik @ Munna, are alleged to have been responsible for the mobilization, organization, initiation, and management of the protest site at Chand Bagh - Mustafabad. 158. As per the prosecution, on 11.02.2020, when the visit of the President of the United States of America was officially announced for the dates of 24/25.02.2020, the members of the DPSG allegedly encouraged people to protest on the streets so as to attra....
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....n-Muslims. 162. It is further alleged that on the night of 23.02.2020, a meeting was held at one Mukhtyar's house in Chand Bagh, attended by DPSG members, including the Appellants-AtharKhan and Shadab Ahmed, along with absconding accused Suleman Siddiqui and Ayub. Since the riots had not reached the desired scale or met the satisfaction of the conspirators due to the presence of the CCTV cameras installed in the area, the Appellant- Athar Khan allegedly instructed the Appellant-Saleem Khan and co- accused Salim Munna to destroy / dislocate the CCTVs cameras. The Appellant-Shadab Ahmed concurred with this plan and confirmed that it would be carried out through his team members. 163. They are, thus, alleged to have participated in discussions regarding the sequential and coordinated destruction/disabling of almost 30 Government-installed CCTVs over a stretch of 4-5 km in Chand Bagh and adjoining areas, which, on 24.02.2020, took place between 12:05 P.M. and 12:45 P.M., Allegedly, another CCTV camera captured the Appellant- Saleem Khan actively dislocating one of the cameras, thereby confirming the execution of the plan. 164. It is alleged that once the CCTV cameras were ....
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...., the Appellants moved their respective applications seeking regular bail before the learned Trial Court. These applications came to be dismissed for the Appellants- Athar Khan, Shadab Ahmad, Abdul Khalid Saifi, and Mohd. Saleem Khan, vide Orders dated 12.10.2022, 13.10.2022, 08.04.2022, and 22.03.2022, respectively, leading to the filing of the present appeals. SUBMISSIONS OF THE APPELLANTS :- 169. At the outset, the learned Senior Counsels appearing for the Appellants submitted that the Appellants have clean antecedents and have been falsely implicated in the present case, solely on account of their association with protests against the CAA and NRC. It was contended that the prosecution has relied upon the pieces of evidence collected by them in other similar FIRs, to build up a case in the present one. 170. They submitted that the Impugned Orders are entirely based on conjectures and surmises, and the allegations levelled against these Appellants do not pass the prima facie test, which would demonstrate their involvement in the conspiracy of instigation, funding, or outbreak of violence in the North-East Delhi riots. It was further contended that the participation of th....
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.... animosity and, therefore, cannot be used against him. 177. The learned counsel further submitted that the prosecution placed reliance on the footage recorded by one of the CCTV cameras, which shows the presence of Appellant-Athar Khan at the spot where the meetings of 22nd February, 2020 and 23rd February, 2020 allegedly took place. However, the said footage establishes nothing more than this and does not demonstrate that he was planning to do chakka-jaam or indulge in the alleged riots. 178. The learned counsels further submitted that the Investigating Agency has also failed in establishing that the management of any of the protest sites was in any manner connected with the riots that took place on 24th February 2020. They contended that the protest sites had been sustained for many days before the commission of the alleged riots, and in the absence of any material to corroborate the prosecution's story; they cannot be implicated in the present case. 179. The learned counsel for the Appellant-Athar Khan, further asserted that none of the Protected Witnesses, namely, Golf, Bravo, Silver, and Parvez, have accorded any specific role to this Appellant. They merely stated....
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....9;s claim is unsustainable, false, and does not prima facie reveal any culpability on the part of the Appellants. He further argued that no connection has been established between the Appellants and either the riots or any alleged terror funding. 185. The learned counsel urged that the CDR of the Appellant-Athar Khan, establishing his presence in the Chand Bagh and Yamuna Vihar area, cannot be taken as prima facie proof of his involvement in the riots. The Appellant-Athar Khan is a resident of the Chand Bagh area, the CDR is, therefore, naturally bound to reflect his location in the said area, which by itself does not indicate or suggest his involvement in the riots. 186. The learned counsel, qua the Appellant-Saleem Khan, submitted that despite the prosecution's assertion that CCTV footage was collected to identify attendees at alleged meetings on 16/17 February, 22/23 February and 23/24 February, 2020 at Chand Bagh, no footage has been produced showing the Appellant's presence at any of these locations. The Appellant is conspicuously absent from all such recordings. Therefore, the prosecution's assertions are not substantiated by any objective evidence, and this....
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....granted regular bail in FIR Nos. 60/2020 and 136/2020 by competent courts after due consideration of facts and law, thereby negating any apprehension of flight risk or repeat offending. 194. The learned counsels for the Appellants submitted that the evidence relied upon by the prosecution is wholly insufficient to bring home the charges under Sections 13, 16, 17, and 18 of the UA(P) Act, and therefore, the statutory bar under Section 43D(5) of the said Act would not apply in the facts of the present case. It was contended that even prima facie, the essential ingredients of the alleged offences under the UA(P) Act have not been made out. 195. The learned counsel also drew our attention to the allegations against the co-Accused(s), Devangana Kalita and Natasha Narwal, and submitted that there is similarity in the allegations made against the Appellants with these co-accused persons. He submitted that, as per the Prosecution's own case, Devangana and Natasha were involved in managing protest sites at Seelampur and Jafrabad and had also visited other protest locations. Thus, it was submitted that as the alleged role of the Appellants is not greater than, and may be even lesse....
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....taining to causing disruptive chakka jaams to confront and to use violence. 200. Relying on the statement of Pluto, he further submitted that the Appellants attended a secret meeting on the night of 20/21.02.2020, and their conversations, along with other co-accused, were heard by this witness when he had gone to deliver biryani to one Ayyaz's basement office at Chand Bagh. According to Pluto, plans were being discussed to "burn Delhi" using firearms, petrol, and other means, and funds had already been arranged for the said purpose. 201. He further submitted that the Protected Witnesses- Radium and Sodium have also stated that during these meetings, there were open discussions regarding escalation of violence and setting parts of Delhi on fire. It was also discussed that arrangements were being made for funds, firearms, and petrol bombs to be used for killing people and committing acts of arson. 202. The learned SPP submitted that the Appellant-Abdul Khalid, on 23.02.2020, along with the co-accused Ishrat Jahan, shifted from the Khureji protest site to the main Patparganj Road and blocked this arterial road in a mixed population area. He submitted that another protecte....
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....ting at the Indian Social Institute on 25.02.2020, to celebrate their success and find a scapegoat to blame for riots as a cover up. He submitted that the Appellant- Abdul Khalid was also allegedly communicating and sharing information regarding the riots with the Appellant-Athar Khan on his personal number, instead of the DPSG WhatsApp group. He submitted that this has also been supported by protected witness-Kilo. 207. The learned SPP further submitted that the Appellant-Abdul Khalid was removed from the DPSG WhatsApp group after he was arrested on 26.02.2020 in FIR No. 44/2020. He further contended that Charges were framed against the Appellant and others by the learned Trial Court vide Order dated 19.01.2024. The Appellant filed a revision petition against the said order, which was dismissed by this Court vide Order dated 05.11.2024 in Crl. Rev. Pet. No. 988 of 2024. 208. The learned SPP submitted that though FIRs have been registered against the Appellants for overlapping sequence of events relating to the riots, however, the present case concerns a larger conspiracy invoking the UA(P) Act along with other serious offences under the IPC. It was only later, upon receipt o....
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.... on behalf of the Appellants, as well as by the learned ASG and the learned SPP appearing for the State, and have carefully perused the Statement of Witnesses, including Protected Witnesses such as Golf, Bravo, Silver, Venus, Pluto, Radium, Sodium, Gold, Peter, Kilo, Jupiter, John, Lamda, Helium, HC Sunil, etc., along with the WhatsApp Chats and other electronic evidence, including the relevant CCTV Footage. 214. We have also perused the Impugned Orders dated 12.10.2022, 13.10.2022, 08.04.2022, and 22.03.2022, and find that the learned Trial Court has enumerated the statements of all the above-mentioned protected witnesses and other witnesses in detail, while also noting the alleged role of the Appellants in the conspiracy and the other alleged evidence against them; from paragraph 10 onwards in relation to the Appellants-Athar Khan, Shadab Ahmad and Saleem Khan, and from Paragraph 12 onwards in relation to the Appellant-Abdul Khalid Saifi, in their respective bail Orders. 215. The case of the prosecution against these Appellants is that they have actively participated in the conspiracy to execute the North-East Delhi riots by playing different role at different stages, from its....
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....d in the ultimate riots on 23.02.2020. Further, the evidence on record, prima facie, suggests their presence in various meetings and especially on the intervening night of 23/24.02.2020, where there were alleged discussions to effect further violence against the Policemen and non-Muslims. Prima facie, it emerges that the Appellants-Athar Khan and Shadab Khan were in agreement to destroy or cover Government-installed- CCTV cameras so that they could operate fearlessly. These instructions were given to the Appellant-Saleem Khan, and co-accused Salim Malik @ Munna. Moreover, the Appellant-Saleem Khan, can be seen in the CCTV Footage dislocating one of the Cameras with a stick-like object. 218. We may also note that the bail application of the co-conspirator Salim Malik @ Munna was rejected by the learned Trial Court. An appeal was thereafter preferred before this Court, being CRL.A. 552/2022, which was dismissed by a Coordinate Bench vide Order dated 22.04.2024. Upon perusal of the said Order, we are of the view that a similar role was attributed to the present Appellant-Saleem Khan, who, along with co- accused Salim Malik, was allegedly tasked with destroying CCTV cameras at the b....
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.... mobilization of rioters to not only cause the riots but also to attack police personnel. xxx 34. In view of the afore-noted factual matrix of the case and statements of the witnesses recorded during investigation, we find that the accusation made against the appellant make out a prima facie true" case against him. Consequently, embargo created under Section 43-D(5) of UAPA, automatically gets attracted. Moreover, at the stage of consideration of bail in UAPA, the Court is not required to do extensive or comprehensive evaluation of the evidence and is required to form opinion on the basis of broad probabilities. The evaluation is essentially based on surface-analysis of the probative value of the material so collected. The Court is, thus, required to assess whether there are reasonable grounds to believe that the accusation made against any such accused are "prima facie true" or not." 220. Notably, a Special Leave Petition, being SLP (Crl.) 6425/2024, was preferred against the said Order before the Supreme Court, which was dismissed as withdrawn, vide Order dated 10.05.2024, with the following observations: "1. After arguing for some time and on our expressi....
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.... to enter into the merits or demerits of the evidence produced by the prosecution on record, which can only be tested at the trial. Therefore, this Court cannot, at this stage, form an opinion that the statements of some of the protected witnesses, though recorded belatedly, cannot be looked into. Nonetheless, such statements shall be tested through cross-examination during trial. 224. It may further be noted that a comprehensive examination of evidence at this stage may adversely affect the trial. The explanations advanced by the learned counsels for the Appellants in respect of the various statements of the protected witness, cannot be considered in isolation, and such statements must be assessed collectively, especially in cases involving conspiracy. A mini trial at the stage of consideration of bail is impermissible. 225. With respect to the submission of the learned counsel for the Appellant-Saleem Khan that the Appellant is being subjected to multiple proceedings based on substantially the same evidence under different FIRs with overlapping narratives, we do not find any merit in the same. We may note that the other FIRs against the said Appellant are at a different foo....
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....masterminds and co-accused persons Sharjeel Imam and Umar Khalid. The Prosecution has imputed significant roles to the Appellants in the entire chain of conspiracy, which we may note hereinunder. 232. For mass mobilization of Muslim population to protest against the CAA/NRC, the JCC was constituted on 17.12.2019, to bring together various student and civil society bodies, including the AAJMI. It is alleged that the main constituents of forming the JCC were Pinjra Tod, AAJMI, SFI, and other student organizations and activities and the Appellants were amongst the core members of the JCC. 233. It is alleged that the Appellant-Meeran Haider was a member of United Against Hate (UAH). Apart from the said group, the Appellant- Meeran is also alleged to be a part of other WhatsApp groups, such as, "MSG", "JCC JMI Officials", "JMI", "JCC_JMI", which took directions from DPSG. 234. Prosecution has alleged that in the initial days, the meetings of JCC were being held in the campus of the JMI University, later a room was allotted to AAJMI by the Jamia administration, which was handed over to JCC. The Office of JCC, near the AAJMI Office was utilized by the conspirators for holding sec....
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....e had allegedly received Rs. 80,644/- through online transfers and had withdrawn Rs. 36,500/- through ATM. 238. It is the case of the prosecution that a register was also seized from the Room of the Appellant-Meeran Haider, revealing that Appellant had received Rs. 4.82 Lakhs. Prosecution has alleged that out of the total recovered cash amount of Rs. 2.33 lakhs from his room, Appellant had received Rs. 50,000 in cash from one Tanveer Ali, and it was repaid back through bank transfer. Further, he had received Rs. 1,05,000/- in cash from one Ali Imam and his son Akib Aman. Likewise, a sum of Rs. 50,000/- was received in cash from one Gulam Haider through Nematullah. In toto, Appellant-Meeran Haider is alleged to have spent Rs. 2.86 Lakhs in connection with the riots and its sustenance. 239. It is further alleged that to further increase the number of protest sites and its scale, a group namely, Jamia Awareness Team was created and led by one Amanullah, and it is alleged that the Appellant-Shifa-Ur-Rehman would bear all the expenses incurred by this team in furtherance of the protests. 240. The prosecution has alleged that both the Appellants were in constant touch with each ....
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....urt, respectively, in connection with the subject FIR No. 59/2020, and the learned Trial Court had dismissed the said applications vide the Impugned Orders dated 07.04.2022 and 04.12.2024. Aggrieved thereby, the present appeals came to be filed. SUBMISSIONS OF THE APPELLANTS :- 245. At the outset, the learned counsel for the Appellants submitted that even a prima facie case under Sections 13, 16, 17, or 18 of the UA(P)Act is not made out against the Appellants. The allegations against the Appellants are vague, uncorroborated, and rely heavily on their passive presence in various meetings, WhatsApp groups or mere association with lawful student and alumni organisations, without any concrete evidence indicating intention, preparation, or participation in any terrorist act or conspiracy. It was submitted that the Appellant Shifa-Ur-Rehman was added to the JCC group after its formation on 17.12.2019, along with other student groups. It was submitted that none of the WhatsApp groups are banned organization, thus, no criminality can be attributed towards the Appellants. 246. It was contended that the Appellant-Shifa-Ur-Rehman, a well- regarded social worker, is associated with t....
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....ing and raising funds/resources for execution of riots. The allegation that he cumulatively received Rs.5.63 lacs approximately from various sources, out of which Rs.2.33 lacs were recovered from his house along with a register/diary mentioning details of receipt of money, are false and no material has been placed on record to show that money was received or used by the Appellant for financing the riots. 251. He further urged that the Appellant-Meeran Haider's register filed with the main Charge-sheet, and further material obtained under Section 207 of Cr. P.C., has all monetary entries that are received from various friends/relatives, and they were for the Appellant's political campaign for the upcoming elections to be held in February 2020. Further, it was contended that the Appellant had spent money on personal expenses and for her mother's treatment, who unfortunately passed away in December 2019. He submitted that the money was also utilized for providing supplies such as water, food etc. in the protests at Jamia Milia Islamia University. He submitted that even the statements under Sections 161/164 of the Cr. P.C., dealing with this allegation, do not disclose t....
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....mitted that the fifth and the last circumstance is that the Appellant Meeran Haider, while being in custody, has completed more than 50% of the maximum sentence prescribed for more than half of the offences alleged against him. 258. The learned counsels further argued that the addition of serious non- bailable offences under the IPC and the UA(P) Act was done belatedly and strategically. This delay of several months, they submitted, after the subject FIR was initially registered on 06.03.2020 under only bailable offences, reflects the mala fide intent of the prosecution to prolong the incarceration and deprive the Appellants of their right to bail. In fact, multiple co- accused persons arrested under the same initial bailable sections were granted bail by the learned Magistrate. 259. The learned counsel further asserted that the Impugned Orders passed by the learned Trial Court are liable to be set aside for being erroneous in law and fact, as the Court failed to consider that there is no material suggesting any meeting of minds, preparation, or overt acts by the Appellants, which are necessary to constitute conspiracy under Section 120B of the IPC or under Sections 18 and 20....
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....at several places in Delhi and the Appellant Shifa-Ur-Rehman collected funds for riots from the members of AAJMI, whereas, the Appellant Meeran Haider raised funds from several individuals and also contributed them to the AAJMI in furtherance of the Conspiracy. He submitted that a protected witness-James has testified that he saw the Appellant Shifa-Ur-Rehman giving cash to one Amanullah for covering the expenses incurred in the riots, and that the AAJMI covered the expenses of all the protest sites in Delhi. 267. The learned SPP further contended that the statement of the witnesses recorded during the investigation and from the Facebook Posts of Appellant, it is evident that the Appellant visited various protest sites in Delhi to exhort the Muslims to do Chakka-Jaam. At Hauz Rani protest site, he urged the protestors to drag the protest to the streets. 268. It was vehemently contended that both the Appellants worked in tandem and in furtherance of the conspiracy, which is apparent from the fact that a recovery of Rs. 48,000/- was made from the residence of the Appellant-Meeran Haider, hidden under the washbasin inside the bathroom. The learned SPP submitted that the witness ....
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....#2366; नाम का एक शक्स, जो जामिया मिलिया का था, धरने पर आया और स्टेज पर आया और स्टेज पर लोगो को मीरान CAA/NRC के खिलाफ भड़काने लगा। और कहने लगा कि हमने इन काफिरों को 900 साल तक गुलाम बना कर रखा था और अब हम इन के गुलाम बन गये है। यह सर&....
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....ा जाम करने से रोकेगी तो पुलिसवालों को ठुल्ला और काफिर बोलते हुए,उन पर हमला करने को कहा । मीरान ने यह भी कहा कि जब चक्का जाम होगा तब ओर ज्यादा भीड़ के लिए लोग भी भिजवा दिए जायेंगे ।" 274. The learned SPP submitted that to the same effect is the Statement of Protected Witness Hector. 275. The learned SPP also asserted that, to cover-up his tracks, the....
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....the preparatory stage of the plan. 280. He contended that in view of the totality of facts and circumstances, the Appellants have not made a case for grant of bail, and their appeals, being devoid of merit, are liable to be dismissed. ANALYSIS AND FINDINGS: - 281. We have considered the submissions made by the learned Counsels for the Appellants as well as the submissions of the learned SPP appearing for the State. 282. As noted above, during the course of hearings, the learned counsels for the parties had taken us through the statement of various witnesses and Protected Witnesses, such as, Bond, Hector, Beeta, James, Alpha, William, Robert, Akib Aman, Irshad, Shahjahan Khatoon, Musab, etc., as well as the CDR Analysis, the recoveries made, and the WhatsApp Chats of the Groups of which the Appellants are alleged to be a part of. 283. We have perused the aforesaid statements, and the material placed on record. It is the case of the prosecution that the Appellants played the role assigned to them in furtherance of the alleged larger conspiracy, who were managing various protest sites across Delhi and had allegedly attended various meetings of the JCC at the AAJMI Office a....
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.... factor which cannot be brushed aside at this stage. 288. The Appellant Meeran Haider is also stated to have given money to AAJMI, where the meetings of JCC were held, while the Appellant Shifa- Ur-Rehman, being the President of the AAJMI, played a pivotal role. They appear to have raised money in furtherance of the conspiracy. 289. Further, we may note that a Criminal Appeal filed before this Court against the Order dated 05.04.2022 passed by the learned Trial Court, rejecting the first bail application, was dismissed as withdrawn vide Order dated 06.09.2024 of this Court. 290. We have already elaborated on the dictum of law laid down by the Supreme Court in cases pertaining to bail in offences under the Special Statutes, including the UA (P) Act. Therefore, the argument on this count has already been dealt with and, in our view, does not amount to a material change of circumstance. 291. As far as the change in circumstance contended on behalf of the Appellant that the investigation qua the Appellant-Meeran Haider has been completed, the learned SPP had urged that the Protected Witnesses are yet to be examined and the possibility of tampering with evidence or influenci....
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....unicated the instructions of the DPSG to the Appellant for its implementation. Additionally, the Appellant is also accused of initiating other sit-in protest sites at various places in Seelampur and Jafrabad, Delhi, such as the Fruit Market, Gali Akhade Wali, etc .. 297. As per the prosecution, in furtherance of the conspiracy, these sit-in protest sites were to be escalated into disruptive Chakka-Jaam with the object of spreading large-scale violence. The Appellant is also alleged to be a member of the Pinjra Tod Group, and is stated to have engaged in mass mobilization at the local level. The Appellant and the other co-accused persons had allegedly established the Pinjra Tod office at E-1/13, Seelampur, Delhi, where regular meetings were held. Further, Pinjra Tod was also duly represented in the DPSG, which functioned as the umbrella group for coordinating all protest-related activities and strategies. It is also alleged that the Appellant was behind the creation of WhatsApp groups, such as, Warrior, on 26.12.2019, and Aurton Ka Inquilab. 298. She is also alleged to be a part of the conspitorial meeting held on 23.01.2020 at their Pinjra Tod Office, New Seelampur, Delhi, al....
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.... on behalf of the Appellant submitted that the Appellant is a young woman with clean antecedents, who was 26 years of age at the time of her arrest and was pursuing her studies. On account of false implication by the prosecution, without there being any concrete evidence of her involvement in any of the alleged offences. He further urged that the chats of the Auraton ka Inqalab group are not a part of the case record, and the chat of the Warriors group pertain only to participation in legitimate peaceful protests. The said chats, he submitted, pertain to the 2nd, 7th, and 9th January, 2020, dates which are much prior to the riots that took place on 23.02.2020 onwards, and as such do not corroborate any specific allegation with respect to the Appellant. 304. He submitted that the Statement of the Protected witness Saturn, alleging that the co-accused Tahir Hussain went to the Seelampur protest site and handed over a bundle of notes to the appellant for some illegal purpose, stands uncorroborated. No Test Identification Parade was conducted, nor has the prosecution explained the amount allegedly given or the date on which such money was handed over. 305. He also submitted that ....
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....legation regarding the Appellant's connection with any of the alleged main conspirators, who were the members of the DPSG WhatsApp group, except Natasha Narwal and Devangana Kalita. Moreso, he submitted that the Appellant did not deliver any incriminating or inflammatory speech. 310. He further argued that the statements of the witnesses are hearsay on material particulars and lack credibility. He contended that the statements of Protected Witness Beta are vague and generic in nature, and do not attribute any specific role or overt act to the appellant. 311. The learned counsel submitted that the offence under Section 15 of the UA(P) Act is not made out against the Appellant and that the allegations of the Prosecution, at best, fall within the ambit of the I.P.C, in respect of which FIRs are already in existence. Reliance was placed on National Investigation Agency v. Akhil Gogoi, 2021 SCC OnLine Gau 2626. 312. The learned counsel further submitted that there is no evidence on record to show that the Appellant was a member of the Pinjratod group, nor is there any allegation of her association with the said group in December 2019. It was also pointed out that her name d....
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....rvening night of 23rd and 24th January 2020, co- accused Umar Khalid visited the Seelampur protest site and held a secret meeting, which was also attended by the Appellant along with others. This meeting played a vital role in escalating the situation into violent riots to overawe the Government by pressurizing it to withdraw the CAA/NRC and hold its exercise, being Anti-Muslim. 319. It was further submitted that Umar Khalid directed the Appellant and others to induce the local women of Seelampur to stockpile knives, bottles, acid, stones, chili powder, and other dangerous articles for use in the riots. The learned SPP pointed out that this factum is supported by the statements of various other protected witnesses, including Delta, Gama, Echo, Yankee, Smith, and Sierra. He further referred to the statement of Echo, who deposed that the Appellant ensured that children also participated in the protests, fully aware that the police would refrain from using force against them. 320. The learned SPP further submitted that the Appellant was financial aided by the co-accused Tahir Hussain for the riots, as supported by the Statement of the protected witness Saturn. 321. The lea....
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....348;ाद मेट्रो station के नीचे चक्का जाम करेंगे। 22/23-02/20 की रात को एक JNU का लड़का भी वहां पर आया था जिसके साथ कई लड़के और थे जिसका नाम गुल्फिषा ने XX दानिश उज्बेक बताया था जिसने गुल्फिषा को कहा था कि हम हर protest site पर लाशें बिछा देंगे। ● 23/....
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....in support of their respective submissions and to substantiate the allegations levelled against the Appellant Gulfisha Fatima. We have also perused the Impugned Order dated 16.03.2022 passed by the learned Trial Court. From paragraph 12 onwards, the learned Trial Court has recorded the entire case of the prosecution against the Appellant, as well as the submissions on behalf of the Appellant; thereafter, the learned Trial Court proceeded to extract the relevant portions of the statements of the aforesaid witnesses, who have referred to Gulfisha and her alleged role in the overall conspiracy. We also find that the sum and substance of the arguments advanced on behalf of the Appellant before this Court are substantially similar to those raised before the learned Trial Court. 325. From the record, we may note that as per the prosecution, the allegations against the Appellant are that she was a local resident of Seelampur, residing about 1 km away from the protest site at Jafrabad Metro Station, and she was a member of Pinjra Tod group. It is also alleged that the Appellant had created WhatsApp groups, namely, Warriors and Auraton ka Ingalab, in December, 2019, wherein the informati....