Opposing former JNU student leader Umar Khalid’s bail plea in the Delhi riots ‘larger conspiracy’ case, the prosecution on Thursday told a city court that the accused had made all attempts to “threaten the unity, integrity and security” of the country and that it was the public which suffered and not the “conspirators”.
Wrapping up his arguments against the combined bail plea of Khalid and several other accused in the case, Special Public Prosecutor Amit Prasad told Additional Sessions Judge Amitabh Rawat that the “conspirators” also “raised questions on the sovereignty of the nation”. The prosecutor was justifying the inclusion of Section 15 of the Unlawful Activities (Prevention) Act – defining ‘terrorist act’ – in the case.
“There are deaths and injuries of persons. We have seen there is loss and destruction of public and private property and also disruption of essential services. We have seen there is use of bomb, firearms and lethal weapons,” SPP Prasad told the court.
The prosecution added: “None of the conspirators have suffered; it is the public at large which has suffered.” To buttress his arguments, he reiterated that 53 persons were killed while 108 policemen were injured, in addition to the loss of public and private property.
‘Terror funding’
Referring to the aspect of “terror funding” in the case, Mr. Prasad argued that there was evidence on record showing that former AAP councillor Tahir Hussain was converting money from “white to black”.
“It's a very unusual thing to do… We have complete chain of evidence, but I don’t think it’s relevant at this stage... Since (the) court is seized of the main ED [Enforcement Directorate] matter, what’s relevant is how the money was used.”
The SPP added that the said money was being used by the accused persons to fund the anti-CAA-NRC protests and was also being “utilised for violence”.
The prosecution further submitted that when people come into an agreement for unlawful assembly, “they become ad hoc agent for each other”.
“Not necessary that all must know all details of the conspiracy… Not necessary that every person should participate in every act,” Mr. Prasad told the court. He also delved on the individual roles of all the accused in the case before concluding his arguments.
The defence will now present its arguments in the case on the next hearing on February 16. Former JNU PhD scholar Sharjeel Imam’s bail application will be heard separately on February 7.
