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Delhi Court Dismisses FIR Registered Against Umar Khalid, Khalid Saifi in Khajuri Khas Matter

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Gavel Law Insider

Akansha Upadhyay

Published on: 04 December 2022 at 22:02 IST

Delhi court discharged student activist Umar Khalid and United Against Hate member Khalid Saifi in a case related to the 2020 North East Delhi riots.

Additional Sessions Judge Pulastya Pramachala gave this order today in FIR 101/2020 lodged at Police Station Khajuri Khas. Copy of order is awaited. Apart from Umar Khalid and Khalid Saifi, the court has named Tariq Moin Rizvi, Jagar Khan and Mohd. Illias.

“Accused Tariq Moin Rizvi, Jagar Khan, Mohd Ilyas, Khalid Saifi and Umar Khalid are directed to furnish a surety of the like amount of Rs.10,000 each under Section 437-A CrPC. Respective accused persons informed copy of the order to be sent to the concerned Jail Superintendent,” the court ordered.

Charges have been framed under Sections 120B, 147, 148, 188, 153A, 323, 395, 435, 436, 454 of IPC.

Both Khalid and Saifi are out on bail in the FIR. However, he remained in judicial custody in the UAPA case alleging a larger conspiracy behind the riots. The FIR was registered under IPC Sections 109, 114, 147, 148, 149, 153-A, 186, 212, 353, 395, 427, 435, 436, 452, 454, 505, 34 and 120-B. 3 and 4 of the Prevention of Damage to Public Property Act and Sections 25 and 27 of the Arms Act.

The case was registered on the basis of a constable’s statement that a large crowd had gathered near the Chand Bagh Pulia on February 24, 2020 and started pelting stones.

It is alleged that when the police officer went to a nearby parking lot to save himself, the mob broke down the shutters of the parking lot and thrashed the people inside and set vehicles on fire. The case was then transferred to the Crime Branch on February 28, 2020.

According to the prosecution, the building of former Aam Aadmi Party councillor Tahir Hussain was used by the alleged rioters for “throwing bricks, pelting stones, throwing petrol bombs and acid bombs”. It was also alleged that the said material was found lying on the third floor and terrace of the building. Though Umar was not part of the mob, he and Khalid were accused of criminal conspiracy in the case.

While granting bail to Umar Khalid in the FIR, the court had said that on the basis of incomplete material against him, he cannot be allowed to remain behind bars.

Noting that the investigation in the case had been completed and the charge sheet had also been filed, the court said that he “cannot be imprisoned for eternity merely because of the fact that the other person who was part of the riotous mob”.

Further, the Court directed the concerned authorities that actual offenders who were part of the case, they should be identified and arrested in the matter.