NEW DELHI: Activist and ‘United Against Hate’ (UHA) founder Khalid Saifi, accused in the “larger conspiracy” case linked to the 2020 North-East Delhi riots, urged the Delhi HC on Tuesday to examine whether the stringent Unlawful Activities (Prevention) Act (UAPA) can be applied against him merely for exchanging messages that he claims are “innocuous”.
Appearing before a division bench of Justice Navin Chawla and Justice Shalinder Kaur, Senior Advocate Rebecca John contended that the prosecution’s reliance on WhatsApp exchanges between Saifi and protestors was an attempt to manufacture a case against him.
“Can UAPA be invoked solely on the basis of innocuous messages? Can the prosecution’s attempt to weave a narrative around such exchanges justify denying bail or even prosecuting me under such a stringent law?” John said.
John further emphasised that the protest site at Khureji, where Saifi was allegedly an incharge, was not a hub of communal violence in February 2020.
She stressed that Saifi should be granted bail on the principle of parity, citing the case of coaccused Asif Iqbal Tanha, Devangana Kalita, and Natasha Narwal, who were released on bail by the High Court in June 2021 -- a decision later upheld by the Supreme Court. “They [Delhi Police] challenged the bail orders and lost.
Now, to suggest that the High Court’s ruling holds no legal weight is unjust. If it was insignificant, the bail orders would have been overturned,” she said.
John further argued that it was within Saifi’s rights to seek bail on parity grounds, and the prosecution could not arbitrarily dismiss his plea. “Bail on parity is granted every day.
Why should my client be treated differently?” she asked, highlighting that Saifi had been in custody since March 21, 2020, without a single day of interim relief.
The court is also hearing bail pleas from several other accused in the case, including Umar Khalid, Sharjeel Imam, and Gulfisha Fatima. The matter is scheduled for further hearings later this month. The case stems from FIR 59 of 2020, filed by the Delhi Police’s Special Cell.