The Delhi Court condemns the action of charging the applicant based on such insignificant evidence, emphasizing that the police are acting with vindictive intent. Stating that booking him based on a witness statement was a counterintuitive application by the police
By: Gokul Kumar
A Delhi court granted bail to a United Against Hate member (UAH) Kahlid Saifi on Wednesday, in connection with one of the cases of the North East Delhi riots.
The court stated that booking based on insignificant material (witness statement) was a counterintuitive move made by the police and lacked any judicial or procedural awareness.
The sitting judge additionally said that Safi could not be permitted to remain behind the bar based on such conspicuous and insignificant information purported against him. The prosecution albeit had argued that Saifi was part of a larger conspiracy with co-accused Tahir Hussain, Meeran Haider, Umar Khalid, Danish, Asif Tanha, Bilal Lamba, and Ishrat Jahan following the Citizenship Amendment Act protests.
A statement was provided by one Rahul Kasana, brought on record to show that there was a conspiracy between the aforementioned names.
Condemning the prosecution’s submissions, Additional Sessions Judge Vion Yadav had said that basing lofty claims of conspiracy off of insignificant material pointed to a total non-application of the mind extending to a matter of vindictiveness.
“In my humble opinion, charge sheeting the applicant in this case on the basis of such an insignificant material is total non-application of mind by the police which goes to the extent of vindictiveness”, remarked ASJ Vinod Yadav.
Judge Yadav stated that “The sole evidence of this so-called conspiracy is a statement of PW Rahul Kasana, wherein he stated on 27.09.2020 that he was standing outside a building in the area of Shaheen Bagh, where he had dropped principal accused Tahir Hussain and thereafter he saw applicant and Umar Khalid going into the same building. I fail to understand from the aforesaid statement how a lofty claim of conspiracy can be inferred.”
Following the finding that there was no other material connecting Saifi to the violence, the Court granted bail subject to him undertaking a deposit of Rs.20,000 as his bond, and have the Aarogya Setu App installed on his phone. The court had said that Saifi was not visible in any CCTV footage or any of the viral videos online of the scene of the crime of the reported incident. Additionally, it was added that there was no identification of the accused through any private or public witnesses.
Earlier this year in February, communal riots had broken out in Delhi which claimed 53 lives, while leaving over 400 people injured.