New Delhi, 20 February (HS): Umar Khalid, accused of plotting the Delhi riots, told the Delhi High Court during the hearing on the bail plea that just being a member of a WhatsApp group is not proof of involvement in any crime. A bench headed by Justice Naveen Chawla ordered the next hearing on the bail plea on March 04.

During the hearing today, Senior Advocate Trideep Pais was making rebuttal submissions in Khalid's bail plea before a division bench comprising Justice Navin Chawla and Justice Shalinder Kaur.He said on the WhatsApp group chatting presented as evidence by the Delhi Police that Umar Khalid was definitely a part of three WhatsApp groups but hardly sent any message in any group. He said that just being a part of a WhatsApp group is not a sign of any mistake. He said that Umar Khalid had only shared the location of the protest site when someone asked.

During the hearing, the court noted that Umar Khalid was not a part of the Jamia Awareness Whatsapp group and the witnesses' statement that Umar Khalid created this group is hearsay. Trideep Pais said that the court has not recovered anything from Umar Khalid and neither has any CCTV been destroyed. Paes said that Umar Khalid has been in custody as an undertrial prisoner for a long time. He said that delay in the trial is also a reason due to which Umar Khalid should get bail. Pais said that Umar Khalid should also get bail on the basis of parity with the four accused in this case who have got bail.

Earlier, Delhi Police had opposed the bail plea of ​​the accused and said that delay in trial does not mean a free pass. Additional Solicitor General Chetan Sharma, appearing for Delhi Police, had said that the reason for the delay in the trial in this case is not the prosecution but the trial is being delayed due to the accused. He had said that the hearing on framing of charges is going on in the trial court. The arguments on behalf of the second accused have been finished in the matter of framing of charges. There is a delay in presenting arguments on behalf of the accused. Chetan Sharma had said that speedy trial is necessary but keeping in jail for a long time in the case of anti-national activities cannot be made the basis for granting bail.

The matter will now be heard next month.

At least 53 people died and many were injured in the Delhi riots in February 2020.

Hindusthan Samachar / Jun Sarkar