Delhi riots: Telecom firm’s salesperson gets bail from high court

New Delhi: The Delhi High Court on Friday granted bail to the then salesperson of a telecom service supplier who allegedly offered a SIM card on a pretend ID to a Jamia Millia Islamia scholar, saying the police has not proven that he was get together to the conspiracy to organise protests in opposition to the Citizenship Amendment Act (CAA) of 2019.

It was alleged that SIM card obtained on a pretend ID was used to coordinate protests in opposition to the CAA and police had invoked stringent anti-terror regulation, UAPA in opposition to the salesperson. However, the excessive courtroom stated there isn’t any allegation in opposition to the petitioner that he engaged in any type of terror funding or such different ancillary exercise”.

While granting the aid, Justice Suresh Kait stated the embargo beneath the Unlawful Activities (Prevention) Act (UAPA) in opposition to grant of bail wouldn’t apply within the on the spot case because the investigating company has not proven that the accused was get together to any conspiracy to organise the protests in opposition to the CAA.

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The excessive courtroom directed that the accused, Faizan Khan, be enlarged on bail topic to his furnishing a private bond within the sum of Rs 25,000 with one surety of the like quantity to the satisfaction of the trial courtroom. Khan was arrested on July 29 and booked by the police beneath varied provisions of UAPA, Indian Penal Code, Arms Act and Prevention of Damage of Public Property Act.

The excessive courtroom, after going by means of the fabric on document, stated “it is not the case of the investigating agency that the petitioner (Khan) was part of any such whatsapp groups which were made to coordinate/ organize protests against the CAA. Moreover, there is no allegation against the petitioner that he engaged in any form of terror funding or such other ancillary activity”.

It additional stated that the transaction referring to the SIM card had allegedly taken place in December 2019, whereas the violence erupted in north east Delhi round February 23-25, 2020.

“There is not any proximate nexus between the aforesaid alleged incidents neither is it alleged that the stated SIM card was supplied, on the pretext or with the intention/goal, to be utilized for organizing protests, and so forth. It is the case of the investigation company that the SIM card was supplied on the allurement of some extra cash.

“Therefore, for invoking the UAPA against the present petitioner, it is the duty of the investigating agency to demonstrate that the petitioner had actual knowledge that the said SIM card would be used for organizing the protests. It was imperative for the investigation agency to demonstrate that the petitioner had active knowledge about the utilization of the said SIM card. It is not alleged that the petitioner was party to any such conspiracy to organize protests,” the excessive courtroom stated.

It additional stated,”It is pertinent to mention here that the onerous conditions/embargo under the UAPA will not be applicable in the present case qua the petitioner herein as per the material on record and the investigating agency’s owns status report, which does not disclose the commission of the offences under the UAPA, except bald statements of the witnesses.”

According to the police, Khan had supplied the SIM to Jamia scholar Asif Iqbal Tanha, additionally accused within the case, who in flip gave it to the Jamia Coordination Committee, headed by co-accused Safoora Zargar.

The police had contended that Khan whereas offering the SIM on a pretend ID was conscious that it could be used to organise protests in opposition to the CAA.

It had claimed earlier than the excessive courtroom that the petitioner, “with a preconceived thoughts knowingly, intentionally and deliberately activated the above stated SIM card on solid and fabricated paperwork in furtherance of a conspiracy to commit, advocates, abet, facilitate the fee of, a terrorist act.

The excessive courtroom, nonetheless, stated there was no proof on document resembling CCTV footage, video or chats of the petitioner with any of the group besides the allegation that he supplied SIM on pretend ID in December 2019 and took “a small amount of Rs 200” for a similar.

“It is not the case of the prosecution that he provided many SIMs and continued to do the same. It is also not the case of the prosecution that he was part of any chat-group or part of any group who conspired to commit offence as alleged in the present case,” the excessive courtroom stated.

It additionally famous in its order that Zargar has already been launched on bail on humanitarian grounds and three different accused, in opposition to whom a probe is pending identical to within the case of Khan, have additionally been granted the aid.

The excessive courtroom, subsequently, was of the view that he too deserves bail.

While granting him the aid, the excessive courtroom stated that he shall indirectly or not directly affect any witness or tamper with the proof and added that the trial courtroom shall not be influenced by the observations within the current matter.