The apex court will begin hearing arguments on behalf of Delhi Police on November 11
NEW DELHI — It is not a criminal offence if one were to organise and participate in protests, Shadab Ahmed, an accused linked to February 2020 riots in Delhi, contended before the Supreme Court on Thursday.
Ahmed is in jail under the Unlawful Activities (Prevention) Act (UAPA) since 2020 in the larger conspiracy case leading to the riots. He was first arrested in FIR 60/2020, the case concerning the death of Constable Ratan Lal. While he remained in custody in that case, the police added him to the present larger conspiracy case on 20 May 2020. In September that year, the Delhi High Court granted him bail in both the Ratan Lal case and in FIR 136/2020 relating to the burning of a Maruti showroom.
“Those are the only incidents that involve violence,” Senior Advocate Siddharth Luthra, appearing for the accused, submitted before the bench of Justices Aravind Kumar and NV Anjaria. “Despite bail in both, he remains in jail four years later because of this larger conspiracy case,” the senior advocate said.
Advocate Luthra also refuted prosecution’s claim of delay on Ahmed’s part.
The senior counsel contended that his client is 27 years old and was working as supervisor at NDS Enterprises Jagatpuri since 2016. He said that arguments on charge are going on but for his client the arguments are over and no delay on his part.
Luthra submitted that the protected witnesses deposed that they had heard him discuss the conspiracy at a biryani stall, and a witness had deposed that Ahmed had organised the protests and attended them. “Organising and participating in protests was not a criminal offence,” Luthra said.
It was argued before the bench that his name appeared only in the second supplementary chargesheet. It was pointed to the bench that the police case is majorly based on statements from two protected witnesses, codenamed Radium and Sodium, and a few police officials.
Ahmed was not a member of any online chat group used to plan demonstrations, Luthra said.
The apex court will begin hearing arguments on behalf of Delhi Police on November 11.
On Monday, activist Shifa-ur-Rehman had told the top court that he was “cherry-picked” and no offence was made out against him under the UAPA.
Activist Umar Khalid and others have moved the apex court against an order passed by the Delhi High Court, which rejected their bail in a case registered under the UAPA regarding the alleged larger conspiracy in connection with the 2020 riots.
The Delhi High Court on September 2 denied bail to nine persons, including Khalid and Sharjeel Imam, in the case, saying “conspiratorial” violence under the garb of demonstrations or protests by citizens couldn’t be allowed. Imam had already moved the apex court against the high court order.
