Delhi Court Discharges Umar Khalid and Khalid Saifi in a Key Delhi Riots Case

Under CrPC, the Discharge Application is the remedy that is granted to the person who has been maliciously charged.

A Delhi court on Saturday, 3 December, discharged activists Umar Khalid and Khalid Saifi in one of the key cases pertaining to the 2020 Delhi riots.

Umar Khalid and Khalid Saifi have been discharged in the case related to First Information Report (FIR) 101/2020 under the Khajuri Khas Police Station of Delhi. This FIR, registered on 25 February 2020, investigated the violence in the Khajuri Khas area of northeast Delhi.

Despite being discharged in this case, both the anti-CAA activists will continue to remain in jail since they have failed to receive bail so far in FIR 59/2020, in the Delhi riots larger conspiracy case. Along with other charges of rioting and criminal conspiracy, the Unlawful Activities (Prevention) Act (UAPA) has also been invoked against them.

Additional Sessions Judge Pulastya Pramachala pronounced the order on 3 December.

Under the Criminal Procedure Code 1973 (CrPC), the Discharge Application is the remedy that is granted to the person who has been maliciously charged.

‘Pleased To Hear This Order’: Umar Khalid & Khalid Saifi’s Family Reacts

Reacting to the court’s decision, Khalid Saifi's wife Nargis Saifi told The Quint:

"After more than two and a half years, this is a huge victory for us. Finally, some good news. We have kept faith in the constitution and today, we are very happy. The baseless allegations of the police have been shown to be false by the court."

Speaking to The Quint, Umar Khalid's father SQR Ilyas said:

"We are very pleased to hear this order, we are very happy. The charge sheet was fabricated and concocted. Umar has got discharged in FIR 101/2020, but he is yet to receive bail in FIR 59/2020. Both the FIRs have very similar charges but only because FIR 59 has UAPA attached to it, Umar has not been granted bail there. But now, we are hopeful that he will get bail in FIR 59 as well."

What Did the Charge Sheet Say?

The charge sheet primarily focused on the alleged involvement of former AAP councillor Tahir Hussain. However, it also made repeated mentions of him along with Umar Khalid and Khalid Saifi.

Most significantly, the charge sheet spoke of the alleged 8 January meeting where the trio of Hussain, Khalid Saifi and Umar Khalid allegedly met to allegedly plan riots at Shaheen Bagh.

The charge sheet reads: “He (Tahir Hussain) was found connected to Khalid Saifi and Khalid who are part of a larger group of persons who were organising riots and protests in Delhi.”

This is a hole in the narrative of the Delhi Police on the alleged conspiracy, The Quint had revealed in a story.

There is also a flow chart which allegedly shows ‘Tahir Hussain speaking and connecting with a host of other co-conspirators’. There are 21 names in this flow chart with Umar’s name featuring prominently on it.

What Were the Sections Under FIR 101

The various Indian Penal Code (IPC) sections of the FIR are:

• 109 (punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment),

• 114 (abettor present when offence is committed),

• 147 (rioting),

• 148 (rioting, armed with deadly weapon),

• 149 (unlawful assembly),

• 186 (obstructing public servant in discharge of public functions),

• 353 (assault or criminal force to deter public servant from discharge of his duty),

• 395 (punishment for dacoity),

• 427 (mischief causing damage to the amount of fifty rupees),

• 435 (mischief by fire or explosive substance with intent to cause damage to amount of one hundred or ten rupees),

• 436 (mischief by fire or explosive substance with intent to destroy house, etc),

• 452 (house-trespass after preparation for hurt, assault or wrongful restraint),

• 454 (lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment),

• 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence etc),

• 505 (statements conducing to public mischief ),

• 120B (criminal conspiracy),

• 34 (common intention)

• Section 3 and 4 Prevention of Damage to Public Property Act as well as 25/27 Arms Act

However, Additional Sessions Judge Pulastya Pramachala framed charges against former Aam Aadmi Party (AAP) councillor Tahir Hussain, Liyakat Ali, Riyasat Ali, Shah Alam, Mohd. Shadab, Mohd Abid, Rashid Saifi, Gulfam, Arshad Qayyum, Irshad Ahmad, and Mohd Rihan. Charges have been framed under sections 120B, 147, 148, 188, 153A, 323, 395, 435, 436, 454 of IPC.