Delhi Riots: Umar Khalid, Khalid Saifi facing larger conspiracy case; deserve discharge in rioting case, Delhi Court says

While recently discharging Umar Khalid and Khalid Saifi in a rioting case, a Delhi court said that the two men were facing allegations in the “umbrella conspiracy” behind the Delhi Riots of 2020. [State v. Tahir Hussain & Ors].

Additional Sessions Judge Pulastya Pramachala ordered,

"As far as accused Khalid Saifi and Umar Khalid are concerned, I find that allegations made against them relate to Umbrella Conspiracy, rather than conspiracy peculiar to incident investigated in this case i.e. the incident at Pradeep's parking...larger conspiracy to incite riots in Delhi, is already subject matter of consideration in FIR 59/2020, PS Crime branch, therefore, these two accused are entitled for discharge in the present case."

The present case related to violence that erupted in North-East Delhi on February 24, 2020, particularly in and around the house of co-accused and former Aam Aadmi Party (AAP) councillor Tahir Hussain. The police alleged that a mob burnt and vandalised houses, shops and vehicles, and indulged in looting.

While the court charged 11 people including Hussain for various charges, it underlined “scope of two different conspiracies” to distinguish between Saifi and Khalid, who are booked for offences under Unlawful Activities (Prevention) Act (UAPA), and the rest.

"There is concept of an Umbrella Conspiracy being the larger conspiracy and several smaller conspiracies hatched under the larger conspiracy...Planning to ignite a communal riot at a large level and taking steps for prosecution of such plan, could be Umbrella Conspiracy and participants to this conspiracy may or may not be part of each smaller conspiracies and vice versa. In pursuance to the objective of the larger conspiracy, when smaller plans are made and executed to cause incident of riot at a particular place or area, involving some other persons (perhaps including local persons), this becomes a case of smaller conspiracy under Umbrella Conspiracy."

While charging others, the court observed that they had targeted persons from the other community, namely, Hindus and created disharmony. 

"Every member of the mob assembled there[at Hussain's house], participated in achieving this object i.e. to target Hindus. Such preparations made and this house being used as a base, seen along with the conduct of the members of this mob, show that they were acting out of prior meeting of their mind and with a clear-cut objective in mind, to harm Hindus in every possible manner."

[Read Order]