Umar Khalid named accused while others placed similarly left out, counsel tells Delhi court

New Delhi, Oct 9 (PTI) The counsel for former Jawaharlal Nehru University (JNU) student Umar Khalid told a court here on Thursday that his client was named as an accused in the alleged larger conspiracy behind the 2020 Delhi riots, while others placed similarly were left out.

The submissions were made before Additional Sessions Judge Sameer Bajpai during arguments opposing the framing of charges against Khalid.

Senior advocate Trideep Pais, appearing for Khalid, argued that his client was made an accused based on being a member of at least four WhatsApp groups, while none of the group admins had been charged.

He said, "The (Delhi) High Court has already held that you cannot become an accused by virtue of becoming a WhatsApp group member. None of the admins is an accused. What is the qualitative difference between me and other accused who have messaged on the group?" Pais said according to the statement of a protected witness, the Delhi Protest Support Group (DPSG) WhatsApp group was the starting point of the alleged conspiracy, but the two people who created the group were not made accused.

Khalid's counsel referred to several protected witnesses statements, saying they did not disclose any offence under the Unlawful Activities (Prevention) Act or the Indian Penal Code (IPC).

Citing one of the statement, Pais said Khalid was alleged to have attended a meeting on December 8, 2019, in Jangpura, where a conspiracy regarding the 2020 Delhi riots was discussed.

"If this is the conspiracy on which you are pegging it on me, why are not the others (who attended the meeting) made an accused. I am an accused, while they are not. How it is criminal is not understood. Nobody attributes any decision to me," he asked.

Referring to another statement that claimed Khalid spoke about protesting across the country along with Muslim students, the senior advocate questioned how that could amount to terrorism.

"How do you delineate my role to be higher or lower than the others?" Kahlid's counsel argued.

The court posted the matter for further hearing on October 14.

Last month, Khalid's lawyer said his client spent five years in custody in what he called a "joke of an FIR", which did not have the "sanctity of law".

Khalid was arrested in the case on September 13, 2020. Twenty people, including activists Sharjeel Imam, Khalid Saifi and former Aam Aadmi Party (AAP) councillor Tahir Hussain, have been booked for their alleged involvement in the larger conspiracy to incite the riots. PTI MNR MNR OZ OZ