The Delhi High Court recently raised a pivotal question during the bail hearing of individuals accused in the 2020 Delhi riots conspiracy case: Is merely setting up a protest site sufficient to invoke the Unlawful Activities (Prevention) Act (UAPA), or does the resulting violence trigger its relevance? The court’s inquiry came amidst deliberations on the bail pleas of student activists Umar Khalid, Sharjeel Imam, and others, with Special Public Prosecutor Amit Prasad presenting evidence of an alleged conspiracy via WhatsApp chats and video footage.
A division bench consisting of Justices Navin Chawla and Shalinder Kaur presided over the hearing. Justice Chawla questioned whether the establishment of protest sites alone warranted UAPA charges or if the materialization of violence made such charges applicable. The Justice emphasized the significance of intent under UAPA, pondering whether activities like ‘chakka jam’ (traffic blockades) go beyond legal protest rights.
Prasad argued that the conspiracy was orchestrated through multiple WhatsApp groups. Responding to this, the bench requested the prosecution to furnish a detailed list of WhatsApp groups associated with each accused individual seeking bail, as well as charts correlating attendees to specific meetings.
The court is set to continue hearing the case, with the prosecution expected to further its arguments. Khalid, Imam, and six others have been incarcerated for over four years, facing charges under the Indian Penal Code, Prevention of Damage to Public Property Act, Arms Act, and UAPA. These charges stem from accusations of a premeditated conspiracy to instigate riots in Northeast Delhi from February 23 to 25, 2020.
The ongoing proceedings are critical in determining the link between protest activities and severe legal repercussions, with the outcome potentially impacting future interpretations of protest-related legal responsibilities.
Original Source: https://indianexpress.com/article/cities/delhi/2020-riots-larger-conspiracy-case-is-setting-up-protest-site-enough-to-attract-uapa-asks-hc-9767985/
Category : Cities,Delhi
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Publish Date: 2025-01-09 03:38:00
