New Delhi: A Delhi court discharged activists Umar Khalid and Khalid Saifi in a case connected to the 2020 riots in northeast Delhi on December 3, Saturday.However, both will remain in jail as they are charged under the Unlawful Activities (Prevention) Act in another case related to an alleged larger conspiracy behind the riots. Both have been jailed for over two years now – Khalid was arrested in September 2020, and Saifi even earlier, in February 2020. Additional Sessions Judge Pulastya Pramachala pronounced the order in FIR 101/2020 registered at the Khajuri Khas police station, LiveLaw has reported. Both Khalid and Saifi are on bail in the FIR.This case pertains to a constable’s allegation of stone pelting near Chand Bagh Pulia on February 24. The Delhi Crime Branch took over the case a few days later. LiveLaw reports that the cop has alleged that while Khalid and Saifi were not part of the mob which they claim had pelted stones from former Aam Aadmi Party councillor Tahir Hussain’s house, they had been part of the ‘criminal conspiracy’.According to Bar and Bench, the court framed charges against the main accused Tahir Hussain and ten others for offences like rioting, criminal conspiracy and others.“Accused persons namely Tahir Hussain, Liyakat Ali, Riyasat Ali, Shah Alam, Mohd. Shadab, Mohd. Abid, Rashid Saifi, Gulfam @ VIP, Arshad Qayyum, Irshad Ahmad and Mohd. Rihan @ Arshad Pradhan are found liable to be tried for offences punishable u/s 120B IPC r/with Sections 147, 148, 188, 153A, 323, 395, 435, 436, 454 IPC,” the court ordered.The Delhi police’s investigation into the Delhi riots has been accused of being partisan and overlooking the participation of some actors.Umar Khalid was granted bail in the stone-pelting case on April 15, 2021. At the time, the court had said that he “cannot be permitted to remain behind bars on the basis of sketchy material against him”, according to LiveLaw.In November 2020, while granting Saifi bail in this case, Additional Sessions Judge Vinod Yadav observed that Delhi police’s method of chargesheeting Saifi over insignificant material displayed “total non-application of mind by the police, which” went “to the extent of vindictiveness.”Initially held for trying to prevent police from evacuating protesters from the anti-Citizenship Amendment Act sit-in at Khureji, Saifi eventually got bail in this case as well.Saifi had reportedly been brutally beaten up while in custody. Videos circulated on social media after his first appearance since arrest showed him wheelchair bound and with both his legs in plaster.In 2021, a court had turned down the Delhi police’s plea to produce Khalid and Saifi in handcuffs before trial courts, noting that they are not gangsters.The Delhi high court on October 18 denied bail to Umar Khalid in the Delhi riots conspiracy case. Khalid was earlier denied bail by a lower court on March 23, after it was deferred thrice, and after the hearing had stretched for eight months.Note: This article was updated at 11:45 am on December 4, 2022 to note that Umar Khalid and Khalid Saifi were discharged from the case, not acquitted.
