The Delhi High Court on Friday sought response from Delhi Police on the bail application of Shifa-Ur-Rehman, President of the Alumni Association of Jamia Millia Islamia (AAJMI), arrested in connection with larger conspiracy leading to Delhi riots in February, 2020.
A Division Bench comprising Justice Mukta Gupta and Justice Anish Dayal listed the matter in July before a Division Bench headed by Justice Siddharth Mridul, who is hearing similar appeals of other co-accused persons in the FIR.
A case was registered against rehman under Sections 13, 16, 17, 18 of the Unlawful Activities (Prevention) Act; Sections 25 and 27 of the Arms Act; Section 3 and 4 of the Prevention of Damage to Public Property Act, 1984, and other Sections under the Indian Penal Code (IPC).
As per the bail plea, police had alleged that Rehman, being the President of AAJMI, provided support to the protestors, but none of the other office-bearers of the association had been made an accused.
The Counsel for Rehman had argued before a trial court that merely being a protestor was not an offence and that every person was entitled to have his or her own opinion.
The Trial Court had rejected his bail plea.
Before the Trial Court, the Prosecution had submitted that the riots were meticulously planned and that there was destruction of properties, disruption of essential services, besides use of petrol bombs, lathis and stones.
It further submitted that 53 people lost their lives during the riots, while 142 were injured in the first phase of riots and 608 were injured in the second phase of riots that took place in North Delhi in February, 2020.
According to the prosecution, the 2020 protests were carefully planned, picking strategic protest sites closer to 25 mosques. It alleged that the December 20, 2019 meeting, which was attended by Umar Khalid with Harsh Mander, members of United against Hate and Swatantra Nagrik Sangathan, was a key factor in deciding the areas of protest and strategies to mitigate police clashes by keeping women at the forefront.
The Prosecution further alleged that the the issue regarding the protests was not the Citizenship Amendment Act (CAA) or the National register of Citizens (NRC), but they intended to embarrass the Government and take such steps that it would get highlighted in the International Media.
Not every person who surfaces in the conspiracy has to be made an accused and merely being silent on a group does not make one an accused, however, in case evidence is found against any person, criminal action has to follow, it added.
The main charge sheet was filed against Pinjara Tod members and JNU students Devangana Kalita and Natasha Narwal, Jamia Millia Islamia student Asif Iqbal Tanha and student activist Gulfisha Fatima Congress Councilor Ishrat Jahan, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, suspended AAP Councilor Tahir Hussain, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik, Mohd Salim Khan and Athar Khan.
A supplementary charge sheet was later filed against former JNU student leader Umar Khalid and JNU student Sharjeel Imam.